IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28663 of 2009 ABHISHEK KUMAR SINGH @ GUDDU SINGH Versus The STATE OF BIHAR ----------- 4/ 11.12.2009 Heard learned counsels for the petitioner and the State. Petitioner along with Sujay Singh is alleged for firing resulting into death of the deceased. Firing by the petitioner is doubted on the ground that a single injury was found on person of the deceased and after examination, petitioner father’s licence gun was found ineffective as trigger was not working. I am considering the allegation at the stage of anticipatory bail if a fact can be doubted for acquittal cannot be taken for anticipatory bail. However, allegation is levelled against the petitioner. This petitioner actively participated in the incident. Timing of seizer of the gun is also doubted but it is clear from the case diary that the Police reached the place of occurrence and thereafter, went to P.M.C.H. recorded fardbeyan and thereafter, either on 22 or on 23.03.2008 gun was seized and petitioner had sufficient time in this period to play any game. His active participation in the incident only is sufficient to disentitle him for anticipatory bail. He may be the assailant or may not be is also not a matter to be decided at this stage. Accordingly, prayer of the petitioner is rejected. Shail (Mandhata Singh,J.)