IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31825 of 2008 VIJAY SINGH @ VIJAY YADAV S/O-Ram Nandan Yadav, R/O-Village-Kharoj, P.S.-Bhagwanganj, Distt.-Patna. ……………Petitioner. Versus STATE OF BIHAR ----------- 4/ 17.11.2008 Heard learned Counsel for the petitioner, learned Counsel for the informant and learned Counsel appearing on behalf of the State. According to allegation all the First Information Report named accused persons armed with pistols came and surrounded the informant along with his younger brother Mithilesh Kumar and fired which proved fatal to the informant’s younger brother. Submission is that the petitioner is an employee of Patna Secretariat and on the date of occurrence he was at his duty till 6 P.M. The occurrence is of 07.30 P.M. It is not possible for the petitioner to reach at the place of occurrence which is at Bhagwanganj Police Station, Patna District. Further submission is that two independent witnesses have not supported the prosecution case. Even the post- mortem report says that the deceased has only three ante-mortem injuries whereas killers are six according to the fardbeyan. Learned Counsel for the State assisted by learned Counsel for the informant. There is also allegation against this petitioner that he has fired. The death is on account of firearm injuries and ante-mortem injuries are suggesting that the deceased has received a number of injuries which led to his death. - 2 - Considering all the aspects of the case, I am not inclined to grant bail to the petitioner. Accordingly his prayer for bail is rejected. kksinha/ (Shyam Kishore Sharma, J.)