IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.27050 of 2011 1.Subodh Kamal @ Subodh Kamal Updhayay, Son of Maksudan Upadhayay, resident of Village M.U. Colony, P.S. Magadh University, District Gaya. 2.Udai Kumar Singh @ Udai Singh, Son of Late Jagan Singh. 3.Siddhi Singh, Son of Late Ramdeo Singh. 4.Uma Shankar Singh, Son of Siddhi Singh. 5.Chandra Singh Ram Chandra Singh, Son of Late Harihar Singh. All Sl. No. 2 to 5 are resident of Village Kolhaura, P.S. Body Gaya, District Gaya. -------Petitioners Versus The State Of Bihar -----Opposite Party ------------- 03/- 20/10/2011 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State, who is armed with carbon/xerox copy of the case diary. All the five petitioners apprehending their arrest in connection with a case registered for the offence punishable under Sections 302/34 of the Indian Penal Code and 27 of the Arms Act, are named accused in this case with allegation of arriving at the house of the informant calling his father and resorted firing on him when he came out. The victim succumbed to the injuries sustained. Submission is that due to land dispute, petitioners have falsely been implicated in this case. Moreover, deceased sustained one single fire arm injury and even during investigation, the investigating officer found only one fired cartridge at the place of occurrence, nothing more. Learned Additional Public Prosecutor, who is armed with case diary up to paragraph – 141 dated 16.06.2009, while objecting the prayer pointed out that not only the informant, but his brother also is an eye- witness to the occurrence and narrated firing by all the petitioners. Taking into consideration all such aspects, the petitioners appear not entitled for the privilege sought. Accordingly, the prayer for anticipatory bail of the above named petitioners in connection with Bodhgaya P.S. Case No. 134 of 2008, pending in the court of learned Chief Judicial Magistrate, Gaya is hereby rejected. Praveen/- ( Akhilesh Chandra, J.)