IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21827 of 2009 AJHAR @ NIRALE Versus STATE OF BIHAR ----------- 2 14.07.2009 Heard both sides. Petitioner seeks bail in a case instituted under Section 302/34 of the Penal Code and Section 27 of the Arms Act. As per allegation in the F.I.R., the deceased along with a lady mukhiya was/were returning home on a motorcycle. It is alleged that three accused persons riding on a motorcycle intercepted them. Two gun shots fired at the deceased which hit him. The motorcycle thereafter sped away. On getting information of such firing at the deceased the informant immediately reached the place of occurrence and the injured (uncle of the informant) disclosed to him the names of three accused persons including the petitioner who had come on the motorcycle and fired at him. The injured subsequently succumbed to the injuries. The post mortem report, annexure-2, indicates that at least two gun shots fired from close range hit the deceased causing death. The petitioner is in custody since 30.12. 2008. Learned counsel for the petitioner submits that in course of investigation it transpired that some of the witnesses have stated that two of the accused persons ( not the petitioner) fired at the 2 deceased. It is further contended that petitioner has no criminal antecedents. Looking to the nature of the offence and the manner in which it was committed this court is not inclined to admit him to bail. His prayer for bail is rejected. However, this court grants liberty to the petitioner to renew prayer for bail after 07 months, from the date of receipt/communication of this order in the court below, if in the meanwhile the trial of the case is not taken up. Sym/ (Kishore K. Mandal, J.)