IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14907 of 2010 1.PARVENDAR SINGH @ PARMENDAR SINGH 2.JUGNU SINGH Both Sons of Arjun Singh, Both Resident of Village Barchatia, P.S. Wazirganj(Tankuppa), District Gaya ……Petitioners Versus THE STATE OF BIHAR …….Opposite Party For the Petitioners : Mr. Sanjay Kumar Jha, Advocate For the O.P.-informant: Mr. Vinod Kumar, Advocate 03. 24.08.2010 Heard learned counsel for the two petitioners and Additional Public Prosecutor for the State, who is armed with the case diary. The petitioners are named accused in this case carry allegation of arriving at the shop of the informant along with non- petitioner Arjun Singh well armed and petitioner no. 1 Parvendar Singh at pistol point over powered informant and his brother-in-law and petitioner no. 2 took brother of the informant at pistol point. Their associate started tying Sanjay Yadav, all the three were dragged out of the shop. Then at the dictates of non-petitioner Arjun Singh, petitioner no. 2 shot at deceased Sanjay Yadav and petitioner no. 1 unsuccessfully shot at the informant, who anyhow arrived at the house and informed the family members and on return found his brother Sanjay Singh dead. No doubt, police after investigation submitted final form, reporting the case true, but involvement of the named accused persons not supported from the evidence. However, court below on perusal of case diary took cognizance for the offences, there - 2 - are re-statement of informant and his brother-in-law as eye-witnesses. No doubt, as pointed out by learned counsel for the petitioners that brother-in-law of the informant has taken U turn and submitted one application in writing before Deputy Superintendent of Police, stating therein that occurrence was committed by some unknown persons, but the said brother-in-law has already made statement before police under Section 161 Cr.P.C. as an eye-witness, stating everything against the two petitioners. Considering the facts and circumstances of the case, their prayer for anticipatory bail, in connection with Wazirganj (Tankuppa) P.S. Case No. 22 of 2007, pending in the court of Chief Judicial Magistrate, Gaya is hereby refused. Praveen (Akhilesh Chandra,J.)