IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20101 of 2010 MUKESH KUMAR MANDAL @ KAJU MANDAL Versus THE STATE OF BIHAR ----------- 4 14.9.2010 Heard learned counsel for the parties. Both the deceased namely Kanhai Mandal and Jeevan Singh were sitting at grocery shop of Jogendra Mandal. It was occasion of Holi season. Thereafter Jai Prakash Mandal also came, enjoyed Cigarette. A proposal was made by Jai Prakash Mandal to take wine. This petitioner told them that he could ply Motorcycle in high speed. Jai Prakash Mandal came on Motorcycle of Jeevan Singh (deceased) and informant’s father came on Motorcycle of this petitioner. Thereafter informant came on his first floor, heard sound of three firings. Jai Prakash Mandal came back and informed that MCC people had killed informant’s father. Thereafter Jai Prakash Mandal sprinkled kerosene oil on his toddy shop and set it on fire. Suspicion is cast on Jai Prakash Mandal and this petitioner about killing of both the deceased. The submission of learned counsel for the petitioner is that save and except suspicion there is nothing more to involve the petitioner 2 in killing the deceased but I find some thing more than suspicion that is circumstance for the last time all the four proceeded on Motorcycle, blackening found around some of the wounds goes to show that firing was from close range and to show the incident an act of extremists, co- accused Jai Prakash Mandal set his toddy shop on fire by pouring kerosene oil and stage is of anticipatory bail, only counting number of firing and its sound does not justify to allow petitioner on bail. Hence, prayer for anticipatory bail on behalf of petitioner is rejected. AI ( Mandhata Singh, J.)