IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.27229 of 2010 KUNDAN SONI Versus STATE OF BIHAR ----------- 3 05.01.2011. Heard learned counsel for the petitioner and the State. The petitioner is an accused in a case registered under section 396 I.P.C. The informant, Officer-in-charge of Siwan Police Station in his self statement giving rise to Siwan Town Police Station Case No. 33/2010 lodged u/s 396 I.P.C., stated that on information when he reached Hotel D-ILU, Siwan at about 8.55 pm, he saw one Jaspal Verma, lying in the pool of blood near Stairs of Hotel accompanied by his son Pankaj Verma, who was also injured. He was shouting for help to carry his father to the hospital. Said Pankaj Verma stated that he and his father reside at Amritsar and use to supply ornaments to the Jewellery shops on orders and in course of same transaction they were staying in Roon No. 103 of the Hotel on the relevant day. In the night of 25.2.2010 5/6 miscreants knocked at the doors, fired on them and looted away their cash and jewellery. Jaspal Verma died in course of treatment. Learned counsel for the petitioner submits that he is not named in the FIR. The injured Pankaj Verma in his subsequent statement has implicated him by stating that he now recollects that petitioner (one of the accused) as the same person who stared at him at the shop of one Rajesh Soni. He alleged that petitioner is the same person who was holding pistol at the time of occurrence. The 2 petitioner further submits that this fact should have been disclosed at the time of lodging of the FIR itself. Furthermore, even as per his statement, there is no allegation that he (petitioner ) opened fire. Petitioner is in custody since 5.3.2010 and Manager of the Hotel has already been allowed bail. Learned counsel appearing for the State submits that there is allegation against the petitioner and on account of shock and injury, the son of deceased who himself was also an injured, did not co-link him with the occurrence, in his statement before the Officer-in-charge at the first instance. Prayer for bail of the petitioner is refused with liberty to renew the prayer for bail after five months. Shashi (Samarendra Pratap Singh, J.)