IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32473 of 2009 PINTU SINGH PATEL Versus STATE OF BIHAR ----------- 3/ 03.02.2010 Heard. The allegation against the petitioner is that he also fired a shot which hit the younger brother of the informant in the back of his right scapula. The injury has been reported by a particular wing of Surgery Institute of Medical Sciences, BHU, Varanasi. It is contended that the petitioner is not the assailant of the deceased. Learned counsel for the informant resists the prayer and submits that he shall produce the witnesses on day to day basis and conclude the trial of S.T. No. 141 of 2009 arising out of Bhabua P.S. Case No. 85 of 2007 presently pending before F.T.C. III, Kaimur at Bhabua within a period of three months from the present order. Considering that the trial shall be concluded as per the undertaking given just now by the learned counsel for the informant, prayer for bail of the petitioner is refused. However, in case the trial is not concluded on account of non-production of the witnesses and without the lach of the present petitioner Pintu Singh Patel, he shall be released by the court below on execution of an appropriate bond to its own satisfaction. Anil/ (Dharnidhar Jha, J.)