IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2221 of 2008 ANIL YADAV Versus STATE OF BIHAR ----------- 5. 13.05.2008. Heard learned counsel for the petitioner and the State. Petitioner is an accused in a case under Section 302 and other allied Sections of the Penal Code and Section 27 of the Arms Act. He is named in the First Information Report along with 12 others. Perusal of the First Information Report indicates that he is the assailant but such version is being disputed by the counsel for the petitioner with reference to the statement of Dinanath Mandal, the younger brother of the deceased which was recorded on 17.3.2005 at 3.15 Hours in Patna Medical College Hospital as from perusal of such statement, which is contained in Annexure-2 it appears that petitioner along with two others variously armed caught hold the deceased whereafter he was shot at by Uday Yadav and on the basis of such statement it is submitted that petitioner not being the assailant be admitted to the privilege of bail, as he is in jail custody since 17.9.2007. I regret to accept the aforesaid submission as even accepting the version recorded in the 2 fardbeyan of Dinanath Mandal petitioner is not an ordinary member of the unlawful assembly. He has played an active role of catching hold the deceased, had he not held him his life might have been saved. In the circumstances, I am not inclined to release him on bail and his prayer for bail is, accordingly, rejected. The court below (C.J.M., Gaya)is directed to commit the case (Nimchak Bathani P.S.Case No. 14/05) to the Court of Sessions if not already committed as by now petitioner has remained in jail custody for about nine months. P.K.P. (V.N.Sinha,J.)