IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31513 of 2011 Mukhia Jaipal Singh, S/O-Late Ram Khelawan Rai Versus The State Of Bihar -----------
04 22.11.2011 Supplementary affidavit is filed on behalf of the
Heard learned counsel for the petitioner as well as
learned Additional Public Prosecutor for the State assisted by learned
counsel for the informant.
Petitioner is an accused in a case registered under
Section 302 and other minor Sections of the Indian Penal Code as well
as 27 of the Arms Act.
Petitioner is named in the first information report and no
doubt, in the first information report, no specific overt-act has been
attributed against the petitioner but in course of investigation several
witnesses vide Paragraph Nos. 15, 47 & others have claimed to have
seen the petitioner committing murder of one of the deceased persons
of this case. Admittedly, three persons have been killed in this case on
account of political rivalry. Para-107 of the case diary reveals that
petitioner and other co-accused persons carry criminal antecedent
though learned counsel for the petitioner submits that above stated
cases have been registered against other co-accused persons and so far
as petitioner is concerned, eight cases have been instituted against him
but in almost all the cases final form has already been submitted.
Considering the allegation levelled against the petitioner
in course of investigation, nature of the offence as well as submissions
of the parties, I am not inclined to release the petitioner on bail.
Accordingly, his prayer for bail in connection with Raghopur
(Rustampur O.P.) P.S. Case No. 33 of 2011 pending in the court of
Chief Judicial Magistrate, Vaishali at Hajipur is, hereby, rejected.
SHAHZAD ( Hemant Kumar Srivastava, J.)