High Court Patna High Court - Orders

Manoj Singh vs The State Of Bihar on 18 July, 2011

Patna High Court – Orders
Manoj Singh vs The State Of Bihar on 18 July, 2011
                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Cr.Misc. No.12677 of 2011
                                           Manoj Singh
                                              Versus
                                       The State Of Bihar
                                            -----------

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)