IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6448 of 2011 BIRENDRA SINGH @ BINDAR SINGH, S/O-LATE NARSINGH SINGH Versus THE STATE OF BIHAR ----------- 04 21.06.2011 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. petitioner is named in the first information report with specific allegation that he opened fire on the informant as a result of which the informant sustained fire arm injury on his right arm and the same bullet hit to another person, namely, Lal Babu Prajapati who was standing behind the informant at the time of the alleged occurrence and having sustained the aforesaid fire arm injury Lal Babu Prajapati died in course of his treatment. The contention of learned counsel for the petitioner is that, as a matter of fact, prosecution party was aggressor and one Nagendra Sharma was assaulted by the informant and his associates and in that course firing was made which hit the above stated Lal Babu Prajapati but I am not, at all, convinced with the submission of learned counsel for the petitioner because it is specific case of the prosecution that after the alleged occurrence the aforesaid Nagendra Sharma was caught at the spot by the villagers. So, it is obvious that the aforesaid Nagendra Sharma sustained injury at the hands of the villagers after the alleged occurrence. Considering the aforesaid facts and circumstances as 2 well as submissions of the parties, I do not feel it proper to release the petitioner on bail. Accordingly, his prayer for bail in connection with Belaganj P.S. Case No. 19 of 2001, stands rejected. Shahzad ( Hemant Kumar Srivastava, J.)