IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.49871 of 2008 1. JANARDAN SINGH ( CONSTABLE NO. 1358) SON OF BHIKAHM SINGH R/O VILL- KHALISA, P.S. UDWANTNAGAR, DIST. BHOJPUR,A/P POSTED IN GAYA POLICE LINE, GAYA. ----------- PETITIONER Versus 1. THE STATE OF BIHAR ----- OPP. PARTY. ----------- For the petitioner: Mr. Anant Kumar Pandey, Advocate. For the Opp. Party : Mr. Raj Krishna Jha, Advocate. For the State: Mr. Dinesh Singh, APP. 03. 16.04.2009 Heard the parties. The sole petitioner seeks anticipatory bail in a case instituted under Section 302 of the Penal Code. As per allegation in the F.I.R., two constables forming the police party on the date of occurrence committed murder of brother of the informant by means of fire arm which was shot from a close range. Learned counsel for petitioner submits that in respect of the occurrence that occurred on 15.10.2006 two First Information Reports were lodged. He refers to annexure-3 which is another F.I.R. lodged by one Laxman Prasad Bhadani, one of the shopkeepers in which the manner under which the deceased (brother of the informant) received injury has been explained. Learned counsel for the State looking to the case diary submits that in several paragraphs of the case diary the witnesses have stated about the commission of the present occurrence at the hands of the petitioner. Learned counsel for the petitioner submits that the statements made by the close relatives 2 of the deceased are vague. Learned counsel for the informant submits that the informant of the second case (Fatehpur P.S. Case no. 150/2006) has filed a protest petition in the court alleging therein that he did not in fact make the F.I.R. His L.T.I. was obtained on a blank paper and subsequently the F.I.R. was lodged explaining the murder of the brother of the informant. This court perused the post mortem report. The doctor found the injury sustained by the deceased from a close range which supports the prosecution case. Having regard to the facts appearing from the record, this court is not persuaded to grant him the privilege of anticipatory bail. Accordingly the application seeking anticipatory bail stands rejected. Sym/ (Kishore K. Mandal, J.)