IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.28323 of 2009 RAJ KISHORE SINGH, SON OF LATE VISHWANATH SINGH, RESIDENT OF VILLAGE – ASWARI, P.S. – TISIAUTA, DISTRICT – VAISHALI. …………. PETITIONER Versus THE STATE OF BIHAR ………… OPP. PARTY ----------- 02/ 10.09.2009 Heard learned senior counsel for the petitioner and learned APP for the State. Petitioner is in custody since 8.5.2009 in connection with Tisauta P.S. Case No.42/2008, registered under Sections 302/34 of the Indian Penal Code and 27 of the Arms Act. Submission of learned senior counsel for the petitioner is that one accused has been granted bail by this Court vide order dated 01.09.2009 and in that view of the matter, petitioner should also be enlarged on bail. He also submits that initially the F.I.R. was lodged against unknown persons and the name of petitioner has, for the first time, transpired in the case on the basis of 164 statement made by the wife of the deceased, after 60 days of the occurrence. The delay in making a statement after lapse of 60 days makes it suspicious. 2 The Court has perused the statement of 164 of the Cr.P.C made by the wife of the deceased. In her statement she has very categorically stated that after her husband was shot and fell down, she lost her consciousness and she had no energy left in her to make any statement or lodge the F.I.R. to the Police. The First Information Report against unknown was got lodged by one Harekrishna Kumar, who happens to be the Chachera Dewar on hearsay account of the occurrence and in connivance with Maheshwar Singh, father of Sunil Singh, who allegedly shot a fire on the deceased. The wife of deceased has identified the petitioner as one of the persons who shot the deceased and the post mortem report substantiates the allegation of firings and the injuries. The statement made by the wife explains the reason for delay in the making of statement. The material being what they are, prayer for bail of the petitioner is hereby rejected. kundan (Ajay Kumar Tripathi, J.))