IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36256 of 2010 SATYA NARAIN SINGH Versus THE STATE OF BIHAR 3 10.12.2010 Heard learned counsel for the petitioner as well as learned counsel for the state assisted by learned counsel for the informant. Petitioner is named in the FIR with specific allegation that he alongwith one, co-accused, Vinod Singh committed murder of Manoj Kumar by opening indiscriminate firing while the aforesaid, Manoj Kumar was coming to Patna by his motorcycle. The contention of learned counsel for the petitioner is that the name of this petitioner surfaced in this case on the basis of so-called oral dying declaration of the deceased but as a matter of fact, the alleged occurrence took place on 18.09.2009 and the deceased was taken to PMCH, Patna on the same day but the FIR was lodged on 19.09.2009. There is no explanation as to why the FIR was not recorded on 18.09.2009, particularly in the circumstance, when the deceased had already stated the name of the petitioner not only before the informant but also before one police official of Garkha Police Station. The perusal of case diary shows that on the alleged date of occurrence, when the police rushed at the place of occurrence having got the information of incident, the injured - 2 - had already been taken to Patna for treatment. Subsequently, one S.I., Sri Ram Mishra, went to PMCH and he came to know that the injured has been taken to operation theatre. The S.I. met the injured who, anyhow, disclosed the name of the petitioner as well as other accused as his assailants but the statement of injured could not be recorded. Subsequently, when the injured died, the statement of informant was recorded. In my view, the points, which have been raised by the Learned counsel for the petitioner, may be considered at the time of trial and it would not be proper for prosecution to reply the above-said points, at least, at this stage. In the aforesaid circumstances, I am not inclined to grant privilege of bail to the petitioner. Accordingly, prayer for bail of the petitioner, Satya Narain Singh, in connection with Garkha P.S. Case No. 168 of 2009, stands rejected. AKV/- (Hemant Kumar Srivastava,J.)