IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12266 of 2008 SANJAY KUMAR GUPTA Versus STATE OF BIHAR ----------- 05 01.07.2008 Heard learned counsel for petitioner Sanjay Kumar Gupta @ Sanjay Kumar Singh, who apprehends his arrest in connection with Danapur P.S. Case No. 7 of 2007 registered under sections 302/120B/34 I.P.C. and 27 Arms Act and has prayed for anticipatory bail. Also heard the learned A.P.P. for the State. The allegation against the petitioner is that he along with co-accused Sudama Thakur took away the husband of the informant at around 10 P.M. . It is said that later on she learnt that one motorcyclist had received fire arm injury and when she went there she found that it was her husband and he was dead. After sometime witnesses came and informed her that they saw Amar Nath Jaiswal and Nandu Jaiswal standing nearby and the petitioner and Sudama Thakur came with Ram Prakash Singh, the husband, and on the order of Amar Nath Jaiswal and Nandu Jaiswal, Sudama and the petitioner fired on the deceased which hit on the neck and head. It is also said that it was the firing by the petitioner which had hit the deceased on the head causing his instantaneous death. The learned counsel for the petitioner sought to support the case of the petitioner by referring to the criminal activities of the deceased and the absence of the witnesses of the locality which is a crowded one. He also sought to point out that the witnesses named - 2 - by the informant were from Chapra and Ara and had no business to move around at that time. He also tried to develop an alibi for the petitioner. The petitioner is named in the F.I.R. and is alleged to have fired at the head of the deceased which caused his instantaneous death. In view of the discussions made above, I am not inclined to grant anticipatory bail to the petitioner. His prayer therefor is accordingly rejected. Spd/- (Abhijit Sinha, J.)