IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.12677 of 2011
Manoj Singh
Versus
The State Of Bihar
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03/ 18.07.2011 Heard learned counsel for the petitioner as well as learned
counsel for the State.
There is specific allegation against the petitioner that he
opened fire on the deceased.
The contention of learned counsel for the petitioner is that
the informant is not an eye-witness of the alleged occurrence though
he has claimed himself to be eye-witness of the occurrence. To fortify
his contention, he drew my attention towards para 19 of the case diary
and submitted that according to the further statement of the informant
he went inside the room after alleged occurrence.
Even if the aforesaid argument is accepted, then also,
admittedly, at the time of alleged occurrence, petitioner and deceased
were present in the room in which alleged occurrence took place.
Moreover, in investigation several witnesses have claimed to have
seen petitioner fleeing with the fire arms after alleged occurrence.
Therefore, considering the aforesaid facts and circumstances
as well as submissions of the parties, I do not think it proper to release
the petitioner on bail. Accordingly, his prayer for bail in connection
with Barhara (Sinha) P.S. Case no. 239/2010 pending in the court of
the Chief Judicial Magistrate, Bhojpur at Ara stands rejected.
shahid (Hemant Kumar Srivastava,J)