Kailash Singh @ Kailash Prasad Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37647 of 2015 Arising Out of PS.Case No. -160 Year- 2014 Thana -KORHA District- KATIHAR ======================================================

1. Kailash Singh @ Kailash Prasad Singh S/o Sri Anandi Prasad Singh village - Gangeli, P.S. K. Nagar, District - Purnea .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s Mr. Sanjay Singh For the Opposite Party/s : Mr. Smt. Anita Kumari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 06-11-2015 Heard learned counsel for the petitioner, learned counsel for the informant as well as learned Additional Public Prosecutor for the State.

The informant claims herself to be eye witness of the alleged occurrence and specifically stated that it was petitioner who made several rounds of firing committing murder of the deceased and furthermore, informant claimed that she identified the petitioner in the light of bulb which was burning on her verandah.

Submission on behalf of the petitioner is that the electricity at the time of alleged occurrence had already gone and, therefore, it was not possible for the informant to identify the culprit.

Patna High Court Cr.Misc. No.37647 of 2015 (3) dt.06-11-2015 2/2 In my view, it is not proper to consider the above stated submission, at least, at this stage and, therefore, taking note of nature of allegation as well as facts and circumstances of the case, I am not inclined to release the petitioner on bail and hence, his prayer for bail in connection with Koraha P.S. Case No. 160 of 2014 pending in the court of Chief Judicial Magistrate, Katihar stands rejected.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T