IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38669 of 2008 NEYAZ Versus STATE OF BIHAR ----------- 3. 2.12.2008 Heard Mr. Aditya Nath Jha, learned counsel for the petitioner and Mr. Dashrath Mehta, learned A.P.P. There was some transactions between the accused Izhar and the deceased Atiullah. This petitioner and the said Izhar came to the house of the deceased and asked him to accompany them for search and they proceeded with the two accused persons including this petitioner. Some times after the nephew of the informant came and informed him that his son was lying injured near a Canal. The informant rushed to the place of occurrence and found his son gasping for life. The injured was brought to the house and he died there. The contention is that if there could be any motive, it could be of Izhar who appears having some accounting with the deceased. The present petitioner did not have any motive nor the petitioner appears bearing any animosity. It is true that only accused Izhar had some accounting to be done with the deceased and also truth is that both of them took the deceased and just thereafter the boy was found in a pool of blood and the present petitioner and the said Izhar were found missing from there. There is a strong circumstances against the petitioner, considering which I am not inclined to direct release of the - 2 - petitioner on bail. The petition is dismissed. sudip ( Dharnidhar Jha,J )