IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9994 of 2009 JALANDHAR SINGH son of Radha Singh, resident of village Isia, P.S. Chainpur, District Kaimur at Bhabua, … … Petitioner Versus THE STATE OF BIHAR… …OPPOSITE PARTY For the Petitioner: Mr. K.N. Choubey, Sr. Advocate, Mr. Rajani Kant Pandey, Advocate, For the S t a t e : Mr. R.P.S. Singh, Advocate ----------- 5 07.10.2009 Heard learned counsel for the petitioner and the State. The petitioner has been made accused in a case registered under sections 302/120B/34 of the Indian Penal Code and section 27 of the Arms Act. It is submitted on behalf of the petitioner that though the petitioner has been named in the first information report, but the informant is not the eye- witness. It has been stated by the informant that after hearing the sound of gun shots she came to the spot and saw that her husband had fallen on the ground and the petitioner and Guddu Ram were armed with firearms standing thereby and they fled away. However, in her further statement recorded during course of investigation she has stated that she heard from Horil that her husband had been killed and when she came to the spot, then she saw the persons including the petitioner along with the 2 firearms. It is further submitted that it is manifest from the materials collected during the course of investigation that the deceased himself was of questionable character and conduct and though there is no eye-witness, only on the basis of suspicion, the petitioner has been made accused. It is also submitted that from paragraph 35 of the case diary, where the entire materials collected during the course of investigation have been analysed, it appears that there had been firing from both sides. Learned counsel for the State submitted that from the materials collected during the course of investigation it has come to light that there has been enmity between the petitioner and the deceased, and, therefore, he was called there and was killed. The petitioner had fired from a rifle and the other co-accused, Guddu Ram, had fired from country made pistol. It is also submitted that the party was organised by co-accused Sanjay Ram at his residence, but upon his call the deceased did not come, however, on persuation of the petitioner, he had come subsequently and was killed there. The allegation of firing was against the petitioner. Having regard to the facts and circumstances of 3 the case, I am not inclined to enlarge the petitioner on bail for the present. This application is dismissed at this stage. SC ( Dr. Ravi Ranjan, J.)