IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.36256 of 2010
SATYA NARAIN SINGH
Versus
THE STATE OF BIHAR
3 10.12.2010
Heard learned counsel for the petitioner as well as
learned counsel for the state assisted by learned counsel for
the informant.
Petitioner is named in the FIR with specific allegation
that he alongwith one, co-accused, Vinod Singh committed
murder of Manoj Kumar by opening indiscriminate firing while
the aforesaid, Manoj Kumar was coming to Patna by his
motorcycle.
The contention of learned counsel for the petitioner is
that the name of this petitioner surfaced in this case on the
basis of so-called oral dying declaration of the deceased but as
a matter of fact, the alleged occurrence took place on
18.09.2009 and the deceased was taken to PMCH, Patna on
the same day but the FIR was lodged on 19.09.2009. There is
no explanation as to why the FIR was not recorded on
18.09.2009, particularly in the circumstance, when the
deceased had already stated the name of the petitioner not only
before the informant but also before one police official of
Garkha Police Station.
The perusal of case diary shows that on the alleged
date of occurrence, when the police rushed at the place of
occurrence having got the information of incident, the injured
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had already been taken to Patna for treatment. Subsequently,
one S.I., Sri Ram Mishra, went to PMCH and he came to know
that the injured has been taken to operation theatre. The S.I.
met the injured who, anyhow, disclosed the name of the
petitioner as well as other accused as his assailants but the
statement of injured could not be recorded. Subsequently, when
the injured died, the statement of informant was recorded.
In my view, the points, which have been raised by the
Learned counsel for the petitioner, may be considered at the
time of trial and it would not be proper for prosecution to reply
the above-said points, at least, at this stage.
In the aforesaid circumstances, I am not inclined to
grant privilege of bail to the petitioner. Accordingly, prayer for
bail of the petitioner, Satya Narain Singh, in connection with
Garkha P.S. Case No. 168 of 2009, stands rejected.
AKV/- (Hemant Kumar Srivastava,J.)