IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.12370 of 2009 ***** Sultan, son of Amin, resident of village- Chodhali, P.S. Beldaur, District-Khagaria. …. …. Petitioner Versus The State of Bihar …. …. Opposite party ----------- 3. 14.9.2009. Heard learned counsel for the petitioner and the learned A.P.P. for the State. Petitioner is one of the named accused in Beldaur P.S. Case No.10/09, which was instituted under Sections 302, 307, 379/34 of the Indian Penal Code and 27 Arms Act. The F.I.R. was lodged on 28.1.2009 by one Md. Tahir Ali, who alleged that Mukhiya of Chodhali Panchayat, namely, Abdus Salam had called him as well as hid brother Mansur Alam (deceased) on the date for settling some dues of payment which he owe to them. When they arrived at their house he was told to wait for sometime and thereafter they were escorted to Chodhali embankment and at the embankment at an isolated spot all the persons named in the F.I.R. got together and fired indiscriminately and killed his brother Mansur Alam and the informant management to survive somehow and lodged the present case. Learned counsel for the petitioner submits that though the petitioner is named in the F.I.R. and nothing over has been stated against him in the matter. At the most he was part of the crowd. Learned A.P.P. after going through the case diary of the investigation submits that there has been a well conspired and well executed crime where allegations are that all these persons got together - 2 - and it is not a fact that the petitioner was merely an onlooker and was available at the place of crime by accident. There are past reason also why the deceased has been picked up along with the informant for commission of crime and the way it has been executed, there is no reason to grant the privilege of bail to the petitioner. The prayer for bail stands rejected. Pawan/- (Ajay Kumar Tripathi, J.)