IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43664 of 2008 RAMISHWAR PASWAN, Son of Yogendra Paswan, Resident of Village- Bilat Chowk, Kharagpur, P.S.- Desari, District- Samastipur :---- Petitioner. Versus THE STATE OF BIHAR:------Opposite Party ----------- 3. 01.12.2008. Heard learned counsel for the petitioner and the State. Petitioner is an accused in a case registered for the offences under Sections 393 and 302 read with Section 34 of the Penal Code and Section 27 of the Arms Act, which is registered against three unknown criminals. Deceased, a pulse broker, was done to death when he refused to part with his bag containing cash by three motorcycle-borne criminals at the market place where he was waiting to board a bus. The motorcycle used in the crime was left at the place of occurrence by the criminals who managed to escape on foot. During investigation the owner of the motorcycle was traced to be one Manohar Baitha about whom the witnesses stated before the Investigating Officer that he is seen in the company of Mantu, another bad character. Later the father-in-law’s house of Mantu was searched where the petitioner (Co-brother of Mantu) was arrested and he recorded a confession that Mantu shot at the deceased and the petitioner was also present at the scene of the crime. Till date neither the owner of the motorcycle nor Mantu has been arrested as they are still at large. As the petitioner has implicated his own co-brother as the assailant of the deceased and has also admitted his presence at the spot, I am not inclined to release him on bail in this ghastly occurrence - 2 - relating to snatching of the bag containing cash and on obstruction murder of the person offering obstruction. This application is, accordingly, rejected, however, with liberty to the petitioner to apply for bail after his co-brother Mantu and the owner of the motorcycle, which was seized from the place of occurrence are arrested. P.K.P. (V.N.Sinha,J.)