IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25111 of 2008 PINTU KUMAR @ PINTU UPADHYA @ PINKU KUMAR, S/o. Ram Rashila Upadhyay @ Ram Rashila Tiwary, r/o. village- Sadisopur, P.S. Bihta, Distt. Patna. ----- Petitioner. Versus THE STATE OF BIHAR—O.P. ----------- 4 24.10.2008 The case is under Sections 307, 379 and other sections of the I.P.C. as well as Section 27 of the Arms Act. The F.I.R. was lodged against the petitioner and two others with the allegation that when the informant along with his uncle was going on a motorcycle with money for purchasing jewellery for the marriage of his sister. The petitioner and other accused followed them on a motorcycle and tried to stop them when they did not stop the petitioner fired the shot hitting the informant on his right arm and getting the injury the informant and the co- rider fell down and a bag containing Rs.30,000/- was snatched from the informant’s uncle. The bail prayer of this petitioner was earlier rejected by a Bench of this Court vide order dated 29.11.2007 passed under Cr. Misc. No.49781 of 2007. After filing of this bail application vide this 2 Court’s order dated 18.07.2008 a report was called for from the trial court about the present status of the trial. The report dated 19.08.2008 has been received and it is at Flag-A. In the report it is mentioned that the trial is pending for appearance of other accused namely, Golden Kumar and Pappu Sao who have not appeared. Vide Annexures- 4 & 4A to the supplementary affidavit filed today, this is pointed out that those two persons have been granted bail. Mr. S.R. Haque, the learned Addl.P.P. submits that the offence is serious. It is also submitted that the two other accused who have already been allowed bail have deliberately not appeared before the trial court. In the facts and circumstances, I do not feel inclined to reconsider the prayer of bail. Hence, the prayer for bail of the petitioner is rejected. Mkr. (C.M. Prasad, J.)