IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.19180 of 2010 DIWAKAR SINGH, son of late Thakur Singh Versus STATE OF BIHAR ----------- 3/ 29.06.2010 Heard learned counsel for the petitioner and the State. Petitioner is an accused in a case under Sections 302, 120B / 34 of the Indian Penal Code and Section 27 of the Arms Act. The informant stated that 4-5 persons opened fire at his father Birendra Singh and one Nandjee Yadav, as a result of which, both of them succumbed to the injuries. Learned counsel for the petitioner submits that at the relevant time 4-5 persons were sitting near his father but they did not name the accused as an assailant. However, the informant claimed that he can recognize the accused persons on seeing them. Learned counsel submits that First Information Report witnesses Sateyndara Kahar and Ramakant Pandey named Laxman Singh and Mithilesh Kumar Singh. Laxman Singh has been allowed bail by a Bench of this Court on 07.07.2006. He further submits that in paragraph 61 of the case diary one Upendra Rai has named this petitioner along with Laxman Singh and Mithilesh Singh, as the person, who were fleeing together after the occurrence. He further submits that brother-in-law of the deceased, who is not named as the witness in the First Information Report stated that he too saw accused persons including this petitioner and Laxman Singh fleeing. The petitioner is languishing in jail since 24.12.2009 and has remained in custody for more than six months. As the petitioner has surrendered belatedly, I am not - 2 - inclined to grant bail to him for the present. His prayer for bail is rejected. However, the petitioner may renew his prayer for bail after three months. Uday/ (Samarendra Pratap Singh, J.)