IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23690 of 2009 AKBAR MANDAL Versus STATE OF BIHAR ----------- 5 20.11.2009 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Petitioner has been made accused in connection with Jamalpur P.S. Case No. 129/2008 for the offences punishable under Sections 302/34 of the Indian Penal Code. Substance of allegation as set out in the F.I.R. is that on the date of occurrence the accused persons including the present petitioner entered into the house of the informant and resorted to fire and as a consequence whereof his cousin brothers Kapildeo Yadav and Rajendra Tanti succumbed to the injury. The informant has further alleged that when his mother hearing the sound came to save them, then this petitioner along with one Sanjay Sao fired on her and which hit her on the thigh and ankle and on the way to the hospital for treatment the mother of the informant expired. Learned counsel appearing on behalf of the 2 petitioner submits that the very fact that the shot was fired on the leg of the mother of the informant, shows that there was no intention to kill and that the death has occurred by reason of non-availability of medical aid. He further with regard to paragraphs 18 to 21 of the case diary submits that except the statement of the informant there is no corroborating statement from any of the witnesses. He also submits that the petitioner has a clean antecedent and is not a veteran criminal as observed by the Court below. It is further submitted that he is in custody for the alleged crime since 23.1.2009. Having regard to the nature of allegation, I am not inclined to release the petitioner on bail This bail application is dismissed. Bibhash (Jyoti Saran, J. )