IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5526 of 2009 NAWAL KEWAT Versus STATE OF BIHAR ----------- 4 10.7.2009 Heard learned Senior counsel for the petitioner and learned APP for the State. Petitioner is an accused in Sarmera P.S. Case No. 65 of 2002 which was registered under sections 302/34 of the Indian Penal Code read with section 27 of the Arms Act. As per the allegation made in the FIR which has been registered on the basis of the statement of the wife of the deceased that in the night of 9.12.2002certain criminals opened the door, entered the house, dragged her husband in the Angan and thereafter he was fired upon by the named accused who killed the deceased instantaneously. So far this petitioner is concerned it is specifically alleged that he fired from his rifle which hit the informant’s husband and the injury is corroborated to that extent. Submission of learned counsel for the petitioner that it is a case of false implication which cannot be readily accepted at this stage. Looking at the allegation made in the FIR and the crime in which the petitioner is linked with coupled with the fact that since the petitioner was either arrested or having surrendered in the year 2008 therefore he was evading arrest, the grant of bail to the petitioner will further delay the trial of the case and the petitioner does not deserve to be enlarged on bail. The prayer for - 2 - bail is rejected. However the trial court is directed to expedite the trial of the case. RPS (Ajay Kumar Tripathi,J.)