IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42759 of 2009 KARMULLAH MIAN Son of Shri Manjoor Mian, R/O Village Narharpur, P.S. Marhowraha, District Saran at Chapra. Versus STATE OF BIHAR ----------- 2 14/12/2009 Heard counsel for the petitioner and counsel for the State. The petitioner facing prosecution for the offence under section 302 of the Indian Penal Code simplicitor would make statement that it is absolutely absurd to suggest that the petitioner would have to the extent of enraged shooting down the deceased only on the ground of his refusal of borrowing a Basuli (measurement instrument). In the opinion of this Court, the F.I.R. gives also an impression of some sort of earlier dispute out of which an altercation had begun at the place of occurrence wherein the petitioner’s role has been specifically that of the main assailant by alleging that it was be who had caused the fatal firearm injury. That being so, the petitioner is the main assailant and therefore is not entitled for grant of bail. The trial court is however directed to ensure that trial of the petitioner is expedited and if the trial of the petitioner is not concluded within a period of one year from 2 the date of receipt/production of a copy of this order, the petitioner shall have liberty initially to move the trial court which will then record reasons for not concluding the trial, whereafter only the petitioner, if so advised, may move for bail before this Court. Abhay Kumar (Mihir Kumar Jha, J.)