IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1858 of 2009 PAPPU BHAGAT @ PAPPU KAHAR @ PAPPU KUMAR Versus STATE OF BIHAR ----------- 3 18.4.2009 Heard learned counsel for petitioner PAPPU BHAGAT @ PAPPU KAHAR @ PAPPU KUMAR who is named in the FIR on the basis of suspicion raised against him by the informant and is in custody since 16.8.2008 in connection with Khagaul P.S. Case No. 103 of 2008 registered under section 302/34 IPC prays for bail. The allegation against the petitioner is of having killed Manoj Choudhary conjointly with the other FIR named accused. Although the informant in her fardbeyan has expressed suspicion against the FIR named accused, including the petitioner, of having caused murder of Manoj it is Shakuntala Devi, Bhagirthi Devi and Rampati Devi who have stated in paragraph nos. 8, 9 and 10 of the case diary of having seen the accused persons including the petitioner assaulting Manoj but they claimed not to have seen thereafter. The fact remains that the accused persons, including the petitioner, were assaulting Manoj and this by itself is sufficient evidence to presume the hand of the petitioner in the murder of Manoj. In the facts and circumstances of the case I am not inclined to grant bail to the petitioner. His prayer for bail is accordingly rejected. Spd/- (Abhijit Sinha, J.)