IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32751 of 2010 PAPPU MAHTO S/O LATE SIYA SHARAN MAHTO, R/O VILLAGE- PARIUNA, P.S. NOORSARAI, DISTRICT NALANDA……… PETITIONER Versus STATE OF BIHAR………..OPPOSITE PARTY ----------- 05 13.12.2010 Heard Sri Arvind Kumar, learned counsel for the petitioner and Sri. Nirbhay Kumar Singh, learned Additional Public Prosecutor appearing on behalf of the State. The petitioner, who is in custody in Sessions Trial No. 390 of 2010 (arising out of Noorsarai P.S. Case No. 210 of 2009) for the offence under Section 302 and other allied Sections of the Indian Penal Code, has prayed for grant of bail. Learned counsel for the petitioner, while pressing the bail petition submits that in this case except the petitioner all other accused persons have been granted bail. It was submitted and so far as one accused, namely, Karu Mahto is concerned, Police has already submitted final form. It was submitted that petitioner is in jail since the month of November, 2009. Learned counsel for the petitioner, while referring numbers of Paragraph from the case diary, submits that witnesses have not corroborated the allegation levelled against the petitioner and, as such, he may be extended privilege of bail. Sri Nirbhay Kr. Singh while opposing the bail petitions submits that in the F.I.R. itself, there is specific assertion against the petitioner that he gave blow from saf, which is a sharp cutting weapon on the person of the deceased. He further submits while referring case diary, that from the post mortem report it 2 appears that the injury caused by sharp cutting weapon was the reason for the death of the deceased. It has lastly been submitted that now the case has been committed to the court of Sessions and the case is at the stage of the trial. In respect of other accused persons who have been granted bail, it was submitted that against them there were general and omnibus allegation except one of the co-accused, namely, Arbind Mahto, who has been granted bail, allegation was that he had used lathi. In view of the materials available on record and the fact that the injury caused by the petitioner was fatal as well as fact that the case is at the stage of trial, I am not inclined to extend the privilege of bail to the petitioner. Hence, prayer for bail stands rejected. Shahzad (Rakesh Kumar, J)