IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellanious No.18725 of 2011 Om Prakash Singh @ Munna Singh, @ Om Prakash Versus The State Of Bihar ---------------------------------- 3 03-08-2011 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the state. Petitioner is in jail custody since 27.11.2010 in a case registered under sections-302, 326/34 of the Indian Penal Code and 27 of the Arms Act. There is specific allegation against the petitioner that he opened fire on the deceased as a result of which the deceased sustained injury on his face and subsequently, he was dragged by the petitioner and his associates and when villagers came there, the petitioner and his associates fled away from there. The contention of learned counsel for the petitioner is that according to prosecution case itself, initially, the petitioner made two rounds of firing in air, so the aforesaid conduct of the petitioner shows that he had made firing in a Barat party. It is further contended by him that as a matter of fact, the deceased unfortunately, sustained fire-arm injury and subsequently, died but taking the advantage of death of his son, the informant implicated the petitioner in a false case on account of previous enmity which is admitted in the first information report itself. It is further contended by him that in 2 course of investigation, some witnesses made contradictory statement and moreover, according to prosecution case itself, the co-accused, Guddu had caught hold of the deceased at the time of alleged occurrence, so if the petitioner would have any intention to kill the deceased, he would opened fire straightway on the chest of the deceased. Although very elaborate argument has been advanced on behalf of the petitioner but I am not at all convinced with the above-said submissions. Considering the materials available in the case diary as well as seriousness of the allegation, I do not feel it proper to release the petitioner on bail. Accordingly, prayer for bail of the petitioner in connection with Bikram P.S. Case No. 207 of 2010 pending in the court of Additional Chief Judicial Magistrate, Danapur stands rejected. AKV/- ( Hemant Kumar Srivastava,J.)