IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.53095 of 2008 NIRMAL YADAV & ANR Versus STATE OF BIHAR ----------- For the petitioner : Mr Prabhakar Singh, Advocate For the State : Mr. Jharkhandi Upadhaya, A.P.P. ------- 3 01.04.2009 Heard learned counsel for the petitioners Nirmal Yadav and Ranjan Kumar Singh @ Rajan Singh @ Guruji who are in custody in connection with Chenari P.S. Case No. 21 of 2007 for commission of offences under section 302 IPC and section 27 of the Arms Act, on the basis of the fardbeyan given by petitioner no. 2 before the Officer Incharge Chenari P.S. in respect of the death of Niraj Singh. As per the fardbeyan while he was driving the motorcycle of petitioner no. 1 accompanied by petitioner no. 1 and Niraj Singh alias Amit Kumar Singh two motorcycles coming from behind intercepted the informant’s motorcycle and the riders of the two motorcycles resorted to indiscriminate firing from pistols which caused fire arm injuries on the person of Niraj Singh in his abdominal region and leg. The miscreants are said to have fled away and injured Niraj Singh was carried to the Primary Health Centre, Chenari for treatment from where he was referred to Varanasi for further management. It has also been stated that Niraj succumbed to his injury at Mohania enroute to Varanasi. It has been submitted by the learned counsel for the petitioners that they had no role to play in the death of deceased 2 Niraj Singh which apparently has been caused by the firing resorted to by the miscreants who had come on motorcycles. It has also been submitted that the petitioners have been implicated mainly on the ground of suspicion for allegedly having shot dead Niraj Singh. It appears from the perusal of the impugned order that paragraphs 11, 13 to 18, 60, 61, 64, 68 and 69 of the case dairy reveals that the deceased had developed extra-marital sexual relationship with Punam Kumari, the sister of petitioner Rajan Kumar Singh, and as a consequence thereof the said Punam Kumari had became pregnant and the ostracized pregnancy was terminated by way of abortion and this was sufficient cause for the petitioner Rajan Singh and his colleagues which included petitioner Nirmal Yadav to reek vengeance. It is also revealed from para 34 of the case dairy that death was resultant of the injury sustained by fire arms. It has also been submitted that the petitioners are in custody since 7.5.2008. That fact apparently can not be a ground for enlarging the petitioners on bail when they are accused of committing murder. In the facts and circumstances of the case, I do not find any reason to enlarge the petitioners on bail, their prayer for bail is accordingly rejected. Spd/- (Abhijit Sinha, J.)