Patna High Court Cr.Misc. No.45324 of 2011 (3) dt.10-02-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.45324 of 2011 ==================================================== Fucho Mandal @ Sujit Mandal @ Sujit .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 3 10-02-2012 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner is in jail custody in a case registered under Sections-302/34, 120B of the Indian Penal Code and 27 of the Arms Act as also 3/4 of Explosive Substances Act. Petitioner is named in the first information report and there is allegation that he also opened fire on the deceased. The contention of learned counsel for the petitioner is that no blood was found on the place of occurrence, so the story as propounded by the prosecution appears to be doubtful. It is further contended by him that in course of investigation, almost all the witnesses made general statement of firing and moreover, several co-villagers have filed a petition before DIG Munger disclosing the innocence Patna High Court Cr.Misc. No.45324 of 2011 (3) dt.10-02-2012 of the petitioner. The contents of postmortem report have been incorporated by the I.O. at paragraph-25 of the case diary which shows that several injuries said to be caused by fire- arms, were found on the person of the deceased and therefore, it is apparent that the postmortem report supports the allegation levelled against the petitioner. Regard being had to the facts and circumstances of the case as well as submission of the parties, I am not inclined to release the petitioner on bail and hence prayer for bail of the petitioner in connection with Bariarpur P.S. Case No. 42 of 2011 corresponding to Sessions Trial No. 680 of 2011 pending in the court of Additional Sessions Judge (F.T.C. No.-V), Munger is, hereby, rejected. A.K.V./- (Hemant Kumar Srivastava, J)