IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.29703 of 2009 DASO PASWAN, son of Late Siko Paswan, resident of Mohalla Pokharia, P.S. Begusarai (Town), District Begusarai. -----Petitioner Versus THE STATE OF BIHAR ----------- 3. 5.11.2009 Heard the learned counsel for the petitioner and the State. The offence alleged against the petitioner, who is an accused in connection with Town (Begusarai) P.S. Case No.212/09, is under sections 302 and 120B/34 of the Indian Penal Code and section 27 of the Arms Act. It is submitted that the petitioner is not a named accused. However, he has been implicated in this case in course of investigation on the confessional statement of the co-accused and, as such, the petitioner having no specific allegation in the commission of the alleged crime deserves to be enlarged on bail. The learned counsel appearing for the State, on the other hand, submits that although the petitioner is not an assailant, but in course of the investigation materials have come on the record that this petitioner was one of the conspirators who conspired to kill the informant and his sons and pursuant to that, a plan was hatched by the petitioner and other accused persons, as a result of which the alleged crime was committed in which two sons of the informant were killed at their door. However, the informant could not be killed as he went 2 inside the house. Considering the nature of the allegations and the materials placed on the record, I am not inclined to enlarge the petitioner on bail. This application is, accordingly, rejected. PNM (Shailesh Kumar Sinha, J.)