IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3261 of 2011 SARJU GOPE Versus THE STATE OF BIHAR ----------- 3 28.02.2011 Heard learned counsel for the petitioner as well as learned Addl. P.P. for the State. Petitioner is named in the first information report with allegation that he along with two co-accused opened fire at the deceased as a result of which the deceased sustained fire arm injury on his leg, chest, kanpatti and died while he was being taken to hospital for treatment. The contention of learned counsel for the petitioner is that as per statement of the informant, petitioner opened fire at the deceased which hit on the chest of the deceased but the post mortem report of the deceased belies statement of the informant. He further submits that in course of investigation the statement of son of the deceased was recorded and the aforesaid witness has not stated about petitioner. He also submits that as per prosecution case, alleged occurrence took place on account of institution of Malsalami P.S. Case no. 55/2008 and in the aforesaid case final form was submitted in respect of the petitioner. So, there was no occasion for petitioner to commit the alleged crime. No doubt, the deceased did not sustain fire arm injury on his chest and only two wounds of entry and two wounds of exit were found on the person of the deceased but admittedly, there is specific allegation against petitioner that he also opened fire at the deceased - 2 - and the informant has specifically stated about the participation of the petitioner in alleged crime. Furthermore, I find that petitioner was made accused in Malsalami P.S. Case no. 55/2008 in which the deceased was a witness and he was about to depose in the aforesaid case as a result of which he was killed by petitioner and other accused persons. Considering the aforesaid facts and circumstances as well as submissions of the parties, I do not feel it proper to enlarge the petitioner on bail. Accordingly, his prayer for bail in connection with Malsalami P.S. Case no.80/2010 stands rejected. Shahid (Hemant Kumar Srivastava,J.)