IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38979 of 2008 SHYAM PASWAN Versus STATE OF BIHAR ----------- 2. 16.10.2008 Heard Sri Vinod Kumar, Advocate for the petitioner and the learned A.P.P. for the State. The informant had some relationship with a lady. The lady offered the informant her company in witnessing a Cinema. Four more persons riding on two motorcycles joined the informant near Kiran Cinema in Sitamarhi and after having witnessed the Cinema, all started for Bhutahi- market. While on way, the informant was surrounded by all accompanying him and was asked to deliver his mobile set and money at gun point and was in fact, relieved of cash and mobile set. One of the persons named Lalu Paswan fired a shot while the other dealt a blow with knife. The petitioner was caught at the spot by the villagers who had assembled on hearing the Hulla of the informant. It appears from the rejection order that there were recoveries of knife and single cartridge from the pocket of the petitioner. The contention is that the petitioner was neither caught at the spot nor anything was - 2 - recovered from him and he has been caught at village Fatehpur and has falsely been implicated in this case. The further contention is that offence Section 379 or 307 could not be attracted against the petitioner. The court has some other opinion about the constitution of the offence and it does not want to prejudice the mind of the trial Judge or that of the Magistrate by expressing any definite opinion. But, at any rate, the facts present a very serious scenario under which the court does not find itself inclined to direct the release of the above named petitioner on bail. Petition is dismissed. As soon as the charges are framed in the case the petitioner would have the liberty to renew his prayer. B.Kr. ( Dharnidhar Jha, J. )