IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34138 of 2008 BIJAY KUMAR ROY Versus STATE OF BIHAR ----------- 2. 29.8.08 Heard Mr. Dilip Kumar Singh for the petitioner, and Mr. Parmeshwar Mehta, learned A.P.P. The sole petitioner seeks bail in Kishanganj P.S. Case No.134 of 2008, G.R. No.499/2008, registered under sections 302/34 and 120B of the Indian Penal Code. While pressing this application, learned counsel for the petitioner submits that the Fardbeyan(Annexure-1) alleges that the petitioner alongwith two others had delivered Chura blows on the headmaster of the school, whereas the case diary suggests that Ajit Paswan (peon in the school) had chopped of the head of the headmaster with his Chura. In other words, there is inconsistency between the prosecution case disclosed in the Fardbeyan and the statements before the police. He next submits that the Dy.S.P. in his supervision note has found only three persons fit to be charge-sheeted and the petitioner is not one of them. Learned A.P.P. opposes the application 2 for bail and submits that it is a case of premeditated, pre-planned, well organized and brutal murder. The motive is also clearly disclosed in the Fardbeyan as well as the materials which had come up during the course of investigation. The said Ratan Paswan, a peon on the school had beaten up the previous headmaster leading to his suspension. Ajit Paswan and Sumit Paswan are his sons and the present petitioner is their friend. I have perused the materials on record and considered the submissions of learned counsel for the parties. It is not a fit case in which the petitioner can be released on bail. It is accordingly rejected. ( S. K. Katriar, J.) Vinay/