IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.14907 of 2010
1.
PARVENDAR SINGH @ PARMENDAR SINGH
2.JUGNU SINGH
Both Sons of Arjun Singh, Both Resident of Village Barchatia, P.S. Wazirganj(Tankuppa),
District Gaya
……Petitioners
Versus
THE STATE OF BIHAR
…….Opposite Party
For the Petitioners : Mr. Sanjay Kumar Jha, Advocate
For the O.P.-informant: Mr. Vinod Kumar, Advocate
03. 24.08.2010 Heard learned counsel for the two petitioners and Additional
Public Prosecutor for the State, who is armed with the case diary.
The petitioners are named accused in this case carry
allegation of arriving at the shop of the informant along with non-
petitioner Arjun Singh well armed and petitioner no. 1 Parvendar
Singh at pistol point over powered informant and his brother-in-law
and petitioner no. 2 took brother of the informant at pistol point.
Their associate started tying Sanjay Yadav, all the three were dragged
out of the shop. Then at the dictates of non-petitioner Arjun Singh,
petitioner no. 2 shot at deceased Sanjay Yadav and petitioner no. 1
unsuccessfully shot at the informant, who anyhow arrived at the house
and informed the family members and on return found his brother
Sanjay Singh dead. No doubt, police after investigation submitted
final form, reporting the case true, but involvement of the named
accused persons not supported from the evidence. However, court
below on perusal of case diary took cognizance for the offences, there
-2-
are re-statement of informant and his brother-in-law as eye-witnesses.
No doubt, as pointed out by learned counsel for the petitioners that
brother-in-law of the informant has taken U turn and submitted one
application in writing before Deputy Superintendent of Police, stating
therein that occurrence was committed by some unknown persons, but
the said brother-in-law has already made statement before police
under Section 161 Cr.P.C. as an eye-witness, stating everything
against the two petitioners.
Considering the facts and circumstances of the case, their
prayer for anticipatory bail, in connection with Wazirganj (Tankuppa)
P.S. Case No. 22 of 2007, pending in the court of Chief Judicial
Magistrate, Gaya is hereby refused.
Praveen (Akhilesh Chandra,J.)