IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20423 of 2009 SAIYAD SALEEM MANZOOR @ SYED SALEEM MANJOOR BEDI Versus THE STATE OF BIHAR WITH Cr.Misc. No.26036 of 2009 SHANKAR PRASAD VERMA Versus THE STATE OF BIHAR ----------- 03 29.07.2009 Both the matters arising out of same occurrence and as such they have been considered together and are being disposed of. Heard both sides. Petitioners seek bail in a case instituted under Section 302/34 of the Indian Penal Code. F.I.R. expresses suspicion against one Ajay Yadav. Subsequently, in course of investigation, it has been revealed that on account of a dispute between the deceased and accused Shankar Verma the present occurrence had taken place. Statement of witnesses recorded in paras 8, 9 ,10, 11 and 12 of the case diary show that on the relevant date when the deceased was at the shop accused persons including the petitioners arrived on three Motor-cycles. The petitioners along with some other accused persons dragged out the deceased from the shop and thereafter it is alleged that co- 2 accused Sharvan, Gorkha and Shankar Verma, pelted bullots into the body of the deceased in the lane itself. Counsel for petitioner Saiyed Saleem Manzoor, submits that even if, those statements are taken into account petitioner is not the assailant. It is contended that he is in custody since 18.4.2009. Having regard to the manner in which the deceased was done to death in the lane, this Court is not inclined to admit him on bail. Prayer for bail is, therefore, rejected. However, there is no allegation of firing against him and as such he is at liberty to renew his prayer for bail after five months, if in the meanwhile the trial of the case is not taken up. So far petitioner Shankar Prasad Verma is concerned, there is direct allegations of firing against him at the deceased, causing death. Learned counsel submits that Post-mortem report does not support the allegations. Learned A.P.P. submits that apart from the statements that have been recorded in the paragraphs referred to above, there is also confessional statement of the petitioner Shankar Verma, confessing the guilt. 3 Be that as it may, having regard to the manner of occurrence and the allegations levelled against co-accused Shankar Verma, this Court is not inclined to admit him on bail. Prayer for bail is accordingly, rejected. P.K. (K.K. Mandal, J.)