IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32613 of 2010 SANJAY SINGH Versus THE STATE OF BIHAR ----------- 08. 02.02.2011 Heard learned counsel for the petitioner, for the State and for the informant who has appeared suo motu. The allegations under Sections 302, 201, 379, 34 of the Indian Penal Code names 10 accused. The petitioner is stated to be the assailant who fired near the Eye, with an entry and exit wound. There is only one more firearm injury as per the post-mortem report and the cause of death is cumulative due to the two injuries. Learned counsel for the petitioner submits that the F.I.R. itself states that the deceased was carrying his own licensed Rifle at the time of incident. Long standing land dispute of over 10 years is also mentioned in the F.I.R. Vishwanath Singh along with Rajesh Singh, Bharat Shahi, Dharmendra Shahi have not been charge-sheeted and Rama Kant Shah has been enlarged on bail by this Court. The petitioner is in custody since 31.1.2010 apart from the period of custody from 12.7.2005 to 25.9.2006. Learned counsel for the State and the informant submit that the order of this Court in Cr. Misc. No. 22188 of 2007 state that earlier the petitioner represented an order of anticipatory bail in his favour from this Court in Cr. Misc. No. 16401 of 1995. The report at Flag-Z reflects 2 that by the same order co-accused Vijay Singh is represented grant of anticipatory bail by this Court in the same case. This Court in Cr. Misc. No. 22188 of 2007 has adequately considered that the order in Cr. Misc. No. 16401 of 1995 was a fraudulent order. Vijay Singh is still absconding. It is next submitted that after he obtained anticipatory bail in the aforesaid manner on 20.10.1995, it came to be cancelled by the court below on 9.6.2002 for non-appearance. He then surrendered on 12.7.2005 and was granted regular bail on 25.9.2006 which was set aside in Cr. Misc. No. 22188 of 2007. This Court on 19.5.2008 in Cr. Misc. No. 22188 of 2007 directed him to surrender forthwith which he never did but came to be remanded in the present case on 15.04.2010 when he was taken into custody in another case on 31.1.2010. He is stated to have an antecedent approximately of 21 cases including serious offences under Sections 302, 307 etc. in more than one case. Learned counsel for the informant from paragraph-14 of his counter affidavit states that after cancellation of bail in Cr. Misc. No. 22188 of 2007 the petitioner is alleged to have fatally assaulted the brother of the deceased for which Vijaipur P.S. Case No. 74 of 1994 has been lodged. Learned counsel for the petitioner points out that 3 he is in on bail in most of them and in two cases under Sections 307/302 he has been acquitted. From the allegations in the F.I.R., the Court is satisfied that the first shot is attributed to Vijay Singh and second to the petitioner whereafter their are omnibus allegation against the others. Learned counsel for the State and the informant have urged that bail being a discretionary relief, in the nature of the allegations coupled with his conduct, the petitioner is not entitled to the privilege of bail. As per allegations Vijay Singh fired the first shot. The petitioner fired the next. Only two injuries have been found. The allegations against the others are omnibus. Even after cancellation, if his bail on 19.5.2008 in Cr. Misc. 22188 of 2007 the petitioner has shown scant regard for the law when he refused to surrender and was remanded only when he was taken into custody in another case. He is acknowledged to have antecedents approximately of 21 cases including serious offences under Sections 302/307. Considering the matter in its entirety, his propensity to disregard the law, antecedents of a large number of cases, the Court does not consider it prudent to enlarge him on bail. His trial has already been separated as is apparent from the report at Flag-Z. Let the same be 4 expedited. The application is rejected. P.K ( Navin Sinha, J.)