IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.43467 of 2008 Shatrughan Rai Versus State Of Bihar ---------------------------- Lawyer for Petitioner- Mr. Manoj Kumar- Advocate. Lawyer for State- Mr. Raj Ballabh Singh- A.P.P. ------------------------ 05. 30.11.2011 This is an application for quashing the order dated 24.7.2008 passed in Bakhtiayarpur P. S. Case No.308 of 2007 by the learned Additional Chief Judicial Magistrate, Barh, Patna, whereby and whereunder cognizance of offences under Section 302 of the Indian Penal Code and Section 27 of Arms Act has been taken against the petitioner. Heard learned counsel for the petitioner and learned counsel for the State. First Information Report, in short, is to the effect that Radhe Singh (deceased) was there at his door, in the meantime, Shatrughan Rai and Dhananjay Kumar @ Bakhori came. Dhananjay Kumar caught the waist of Radhe Singh and this petitioner shot a firing from his countrymade pistol at Radhe Singh with intention to kill him which hit his chest, he fell down there and succumbed to the injury, thereafter, on gathering of villagers, both the accused persons including this petitioner left the place of occurrence. After investigation the final form/ charge sheet is submitted against Dhananjay Kumar @ Bakhori showing petitioner innocent deferring the conclusion reached by the I.O., basing the material collected in the case diary cognizance taken against this petitioner also. In the F.I.R., there is clear and direct allegation about firing of shot by this petitioner aiming Radhe Singh which hit his chest, he fell down and succumbed to injury. This much is corroborated by the informant in his further statement in Paragraph-10 informant’s brother examined in Paragraph-11 and his (deceased person’s) wife examined in Paragraph-12. As against it, several witnesses are examined in the case diary in Paragraphs-14,15,16,17,18,19,24,55 and 56 that there was quarrel in between Dhananjay and Shatrughan, in which Dhananjay shot firing aiming Shatrughan, but that hit Radhe Singh appearing of so many witnesses appears influence of this petitioner and interest of the I.O. otherwise there was no chance of remaining of so many witnesses at the place of occurrence and no information to this effect was given to the police rather receiving vague information police official appeared at the place of occurrence and statement was recorded of the informant and his family members whose presence is probable. Rightly the learned Magistrate has taken cognizance deferring the conclusion reaching by the I.O. Accordingly, finding no substance this quashing application is hereby dismissed. Vikash ( Mandhata Singh, J.)