IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21973 of 2008 TANIK MAHTO @ SANDIP KUMAR Versus STATE OF BIHAR - - - - 3. 4.7.2008 Heard. The petitioner is said to be the assailant of the deceased having fire shot and killed him after having dragged him out of the residence for about 10-15 feet with the help of accused Dhanush Kumar who was catching hold of the deceased. The contention is two fold- that the petitioner does not have any hand in the offence and there could be no eye witness and that the petitioner was arrested in connection with a case of Raghunathpur ( West Bengal) Police Station on 28.1.2008, i.e., practically the date of the present occurrence, and the report was laid under Section 42 of the Code of Criminal Procedure and Section 290 of the Indian Penal Code and he confessed his guilt and he was sentenced to a fine of Rs. 90/- and the police on verification found the alibi correct. As regards the manner of occurrence 2 the informant has claimed herself to be the eye witness and she has given the story to that effect. As regards the alibi, the court below has held that there are many circumstances to point out that in spite of the petitioner being arrested on 28.1.2008, the prosecution report was lodged ten days after on 8.2.2008. There could be many manipulations in between. The petition is dismissed. Kanth ( Dharnidhar Jha, J.)