IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20157 of 2008 SATENDRA MAHTO Versus THE STATE OF BIHAR ----------- 03/ 08.08.2008 Heard. The petitioner Satendra Mahto is in custody in a case under Sections 302 IPC. The case relates to murder of two persons; one deceased Upendra Yadav, who happens to be the cousin of the informant whereas the other, deceased Kaushlendra Yadav is stated to be his son. The allegation against the present petitioner is that he fired a shot from his rifle hitting the deceased Upendra Yadav in his belly and he fell down, who subsequently succumbed to it. The reason for the occurrence, as stated in the FIR is that the villagers of village Gopalpur i.e. the village of the petitioner had asked for giving money for constructing a road, which was not given and, as such, this occurrence took place. The contention as regards this petitioner is that he was residing in Maharastra and was not present on the day and at the time of the occurrence at the village as alleged - 2 - and that the entire story is fictitious, inasmuch as, there was no actual reason for killing the two persons and the one, stated, is not correct. It was contended further that the Dy. S.P. in his supervision has doubt about the correctness of the story. Besides that, in fact, no one was identified by the informant. It is difficult for this court to say who could be an eye witness to the occurrence. There is motive assigned and that does not appear completely out of the context. If, one considers the difficulties prevailing in the villages and the difference on account of those difficulties between the two villages. The allegation is direct and the defence of alibi is yet to be verified with all concrete material. Above all, the defence has to be appreciated at the appropriate stage of the trial by the trial Judge. Regard being had to the direct nature of the allegation against the petitioner being the assailant of one or more deceased, I am not inclined to direct the release of the petitioner. Petition is dismissed. DKS/ (Dharnidhar Jha, J)