IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3473 of 2010 NITESH SINGH Versus STATE OF BIHAR ----------- 5 24.05.2010 Heard the learned counsel Sri Bikram Deo Singh on behalf of the petitioner, Nitesh Singh who is in custody in Sessions Trial No. 507/09 arising out of Sitamarhi P.S. Case No. 666/08 u/S 302/34 of the IPC and section 27 of the Arms Act. According to the prosecution case, four miscreants on two motorcycles surrounded the deceased, Anil Kumar and out of them, one fired at Anil Kumar who was the owner of the shop. Anil Kumar fell down and thereafter, the miscreants fled away. Anil Kumar subsequently died. The learned counsel for the petitioner submitted that there is no legal evidence against the petitioner and the petitioner is not named in the F.I.R. Subsequently, he has been roped in this case because of confessional statement of co-accused. On the otherhand, the learned APP vehemently opposed the prayer for bail and submitted that the petitioner is wanted in sever other cases which are of similar nature. The learned counsel further drew my attention towards the confessional statement of co-accused recorded in Paragraph-18 of the case diary. 2 Considering the above facts and circumstances of the case that this petitioner alongwith the co-accused persons surrounded the deceased and fired at him by firearms causing his death and that there are seven criminal cases of similar nature, I am not inclined to enlarge the petitioner on bail at this stage. Accordingly, prayer is rejected. AKV/ (Mungeshwar Sahoo,J.)