IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.2891 of 2008 NILESH KUMAR @ PINTU KUMAR Versus THE STATE OF BIHAR ******** 4 12.05.2008 Heard Mr. Tarakant Jha, learned Senior Counsel appearing on behalf of the petitioner and the A.P.P. representing the State. The petitioner is a sole accused in a case under Section 302 of the Indian Penal Code and Section 27 of the Arms Act with an allegation that it was he who had shot one Kohli Kumar leading to his instant death at the spot. Mr. Jha submits that there is no eye-witness to support this occurrence and the name of the petitioner has been roped in on hear-say evidence of the villagers that the son of the informant was shot dead by Nilesh Kumar, the petitioner. He had further submitted that the story of the informant does not inspire confidence because he is an agnate and infact a cousin of the petitioner having a strong motive for false implication of the petitioner. On the other hand, the A.P.P. has pointed out the two very significant circumstances, namely, a statement of Munna Singh recorded under Section 164 of the Code of Criminal Procedure from whom the petitioner had asked for a country-made pistol and when the same 2 was not given to him, he had said that he will arrange this from anywhere else. He has further submitted that the fardbayan was given by the informant naming the petitioner speeding away from the place of occurrence on his motorcycle within 15 minutes of the alleged occurrence which rules out any possibility of false implication of the petitioner by the informant. Considering the fact that the petitioner is the main accused (rather the only named accused) in an offence under Section 302 of the Indian Penal Code with a direct allegation of killing the deceased by a gun shot injury and there are also connecting circumstances to link the petitioner with the alleged offence, this court is not inclined to grant him bail and accordingly the prayer for bail on behalf of the petitioner Nilesh Kumar @ Pintu Kumar is hereby rejected. Anand (Mihir Kumar Jha, J.)