IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16156 of 2011 Daroga Rai Versus The State Of Bihar ----------- 03/ 25.07.2011 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State assisted by learned counsel for the informant. Petitioner seeks his bail in connection with Bheldi P.S. Case no.98/2009 registered under section 302/34 of the IPC and 27 of the Arms Act. Petitioner is named in the first information report with specific allegation that he opened fire from his rifle on Ravi Prakash Singh who subsequently, died on the spot. The contention of learned counsel for the petitioner is that except the informant, none of the witness has supported the prosecution story and to fortify the aforesaid contention, he drew my attention towards this fact that in course of investigation informant and one Umesh Singh supported the prosecution case but when the statement of aforesaid Umesh Singh was recorded under section 164 of the Cr. P.C he did not name the petitioner and further submission of learned counsel for the petitioner is that the alleged occurrence took place under the jurisdiction of Bheldi police station but fardbeyan of informant was recorded by ASI Bhagwan Bazar police station and the reason for recording fardbeyan of the informant by ASI Bhagwan Bazar police station has not been explained by the prosecution. - 2 - Keeping in mind the above stated submissions as well as facts and circumstances of the case, particularly, this aspect of the matter that there is specific allegation against the petitioner that he committed murder of the deceased Ravi Prakash Singh by opening fire from rifle, I do not think it proper to release him on bail. Accordingly, his prayer for bail in connection with Bheldi P.S. Case no. 98/2009 stands rejected. shahid (Hemant Kumar Srivastava,J)