IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7881 of 2011 Santosh Mishra, S/O-Raghaw Sharan Mishra Versus State Of Bihar ----------- 05 03.11.2011 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State assisted by learned counsel for the informant. Petitioner is named in the first information report but admittedly, informant is not an eye-witness of the alleged occurrence. It appears from perusal of the case diary as well as submissions of the parties that after the alleged occurrence police raided the house in which the alleged occurrence had taken place and apprehended three persons whereas it is alleged that petitioner and some co-accused persons managed to flee away from there. The apprehended co- accused, namely, Manoj Kushwaha confessed his guilt disclosing this fact that petitioner shot fire on the deceased. Learned counsel appearing for the petitioner submits that according to prosecution case itself, the present case was lodged on 22.06.2010 whereas the confessional statement of co-accused, namely, Manoj Kushwaha was recorded on 23.06.2010 but it is surprising enough that before recording the confessional statement of co-accused, namely, Manoj Kushwaha, name of this petitioner is figured in the first information report as accused. Learned counsel appearing for the informant submits that having similar allegation, the prayer for bail of co-accused Om Prakash Kushwaha has already been rejected by another Bench of this 2 Court vide order dated 25.02.2011 passed in Cr. Misc. No. 35364 of 2010. Considering the submissions of the parties as well as nature of allegation and facts and circumstances of the case, I am not inclined to release the petitioner on bail. Accordingly, his prayer for bail in connection with Bettiah Town P.S. Case No. 264 of 2010 pending in the court of Chief Judicial Magistrate, Bettiah, West Champaran is, hereby, rejected. SHAHZAD ( Hemant Kumar Srivastava, J.)