IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.27149 of 2011 Md. Tipu Khan @ Tipu Versus The State Of Bihar ------- 05/ 08.11.2011 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner is in jail custody in a case initially, registered under sections 307, 326, 504/34 of the IPC and 27of the Arms Act but subsequently, section 302 of the IPC was also added. There is specific allegation against the petitioner that he opened fire on the informant’s husband as a result of which he died in course of his treatment. The contention of learned counsel for the petitioner is that, as a matter of fact, petitioner’s brother-in-law was killed by the deceased of the present case for which Phulwarisarif P.S. Case no. 576/2007 was registered and in the aforesaid occurrence, petitioner had also sustained injury. It is further contended by him that the deceased of the present case was a veteran criminal and, as a matter of fact, he was killed by some unknown persons but subsequently, on account of previous enmity wife of the deceased lodged this case implicating the petitioner and that is the reason except the informant none of the person has claimed to have seen the petitioner committing the alleged crime. It is further contended by him that in course of investigation some persons were arrested and they confessed their guilt but they did not disclose the name of the petitioner as assailant. - 2 - Having heard contentions of the parties, went through the case diary, I find that the informant has claimed to have seen the petitioner committing murder of her husband whereas in course of investigation, when co-accused persons were arrested and interrogated by the police they disclosed this fact that this petitioner had hired them for committing the murder of the deceased. Taking into consideration the above stated facts and circumstances as well as submissions of the parties, I am not inclined to release the petitioner on bail. Accordingly, the prayer for bail of the petitioner in connection with Patliputra P.S. Case no. 19/2008, pending in the court of the Chief Judicial Magistrate, Patna is, hereby, rejected. shahid (Hemant Kumar Srivastava,J)