IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.21350 of 2011 Manish Kumar Jha @ Manish Kumar Versus The State Of Bihar ----------- 03/ 25.10.2011 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner is accused in a case registered under sections 302, 120B/34 of the IPC and 27 of the Arms Act. Petitioner is named in the first information report and it is alleged that he was caught on the spot by the witnesses after the alleged occurrence. The contention of learned counsel for the petitioner is that in respect of the alleged occurrence, two cases were registered. One case was registered for the offences under the Arms Act whereas another case was registered for the offence of murder. It is pointed out by him that the petitioner has been granted privilege of bail under the case registered for the offence under the Arms Act on the ground that nothing has been recovered from conscious possession of the petitioner. It is further contended by him that the petitioner was caught by the witnesses on mere suspicion and, as a matter of fact, one eye witness has specifically stated in course of investigation that it was co- accused persons who committed murder of the deceased. Admittedly, one person was killed and the petitioner and another accused were caught at the spot by the witnesses just after the alleged occurrence. - 2 - No doubt, for the above stated occurrence two cases were registered and in one case which had been registered for the offence under the Arms Act, petitioner has been granted privilege of bail but it appears to me that in the case of Arms Act, petitioner has been granted bail by this court on the ground that recovery of fire arm has been made by a private person. Therefore, considering the above stated facts and circumstances as well as submissions of the parties, I am not inclined to release the petitioner on bail. Accordingly, his prayer for bail in connection with Sitamarhi P.S. Case no. 691/2010 is, hereby, rejected. shahid (Hemant Kumar Srivastava,J)