It is apparent from the records that the petitioner himself has not fired the
shot, which ultimately resulted in death of Kahnu Charan Das. However, there is enough materia
l to show that the petitioner, namely, Babu @ Maruti Behera had hatched a conspiracy and commi
tted the murder of Kahnu Charan Das. The learned counsel for the petitioner submits that only
because the petitioner has not fired shot, he cannot be held responsible for the offence under
Section 364 and 302 of the IPC. However, this Court is of the opinion that a clear case under
Sections 364 and 302 IPC read with Section 120-B IPC is made out against the present petition
er. Keeping in view the fact that the person has been murdered in cold blood, this Court is no
t inclined to grant anticipatory bail to the petitioner. Moreover, it is seen that this is a s
uccessive bail application. His earlier bail application was allowed to be withdrawn giving hi
m liberty to surrender before the court below, so that his application can be disposed of on t
he same day. However, the petitioner has not availed the same. He has filed this bail applicat
ion without any change in circumstance.
Hence, anticipatory bail application is rejected.
