IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.14320 of 2011 Shashad Dhobi @ Md. Shamser Versus The State Of Bihar ---------------------------------- 4. 19.10.2011 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in Garhpura P.S. Case No. 45 of 2008 under Section 302/34 of the Indian Penal Code. Petitioner is one of the named accused in this case of loot and murder of son of the informant. Submission is that in fact deceased was apprehended during unsuccessful escape of committing theft in the house of Md. Sultan, a co-villager and during that course he was assaulted to the extent of succumb to the injuries but there is nothing specific allegation against the petitioner appears not reliable. Learned A.P.P. who is armed with carbon copy of the case diary of the instant case as well as Garhpura P.S. Case No. 44 of 2008 pointed out that the person at whose house alleged theft was committed had stated the name of the petitioner along with others as one of the assailants of the deceased who had no weapon in order to defend himself at the time of his being beaten and it is said that no article was stolen in the said theft. Considering the facts and circumstances of the case, that a helpless person beaten to death, petitioner appears not entitled for privilege sought. Accordingly, prayer for bail is refused. Ravi/- (Akhilesh Chandra, J.)