IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31782 of 2008 BHOLA SINGH S/O-Laxmi Singh, R/O-Vill-Pandarak, P.S.-Pandarak, Distt.-Patna. ………………………Petitioner. Versus STATE OF BIHAR ----------- 5/ 05.12.2008 Heard learned Counsel for the petitioner, learned Counsel appearing on behalf of the State assisted by learned Counsel for the informant. The petitioner is a named accused of this case which has been registered under Sections 302/34 and 120(B) of the Indian Penal Code and Section 27 of the Arms Act. The informant Raja Parikshit has given his fardbeyan at 3.00 P.M. on 08.01.2008 in which he alleged that his cousin Eklavya Kumar had been to R.E.O. Office, East Boring Canal Road, Patna his uncle was also with him. The informant saw this petitioner and six other accused persons present there and were having pistols. Allegation is that one of the accused Sachitanand Singh @ Faju Singh ordered and fired upon his uncle Sanjay Singh. Sanjay Singh was also fired upon by other accused persons he died on the spot. Due to enmity of the informant with the family of another accused the occurrence has been committed. Submission of learned Counsel for the petitioner is that the informant is not an eye witness of the - 2 - occurrence. His presence has been fabricated by the investigating agency because at the time of inquest the deceased was not identified. On this basis it has been submitted that the informant has never seen the occurrence. Further submission is that the petitioner has no enmity with deceased. There is dispute between two groups. It has been further submitted that a protest petition was filed later on. The informant has described the entire sequences in the protest petition. The petitioner has not been attributed any overt act. Prayer for bail has been opposed by learned Counsel for the state assisted by learned Counsel for the informant. The post-mortem report is in the case diary. The deceased has a number of ante-mortem injuries and the post-mortem report is corresponding to the allegation made out in the First Information Report, according to which the petitioner is also an assailant. Considering this, I am not inclined to grant bail to the petitioner. Accordingly his prayer for bail is rejected. kksinha/ (Shyam Kishore Sharma, J.)