IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8103 of 2011 Ram Lal Sharma Versus The State Of Bihar ----------- 3 07-07-2011 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the state. Petitioner is languishing in jail custody since 28.09.2010 in a case registered under sections-307, 302/34 of the Indian Penal Code and 27 of the Arms Act. There is allegation that the petitioner opened fire causing fire arm injury to Anil Kumar Singh and Bechan Chaudhary, as a result of which, both the above-said persons died. The contention of learned counsel for the petitioners is that the deceased, Anil Kumar Singh sustained altogether six fire-arm injuries on his person whereas , it is specific case of the persecution that in course of occurrence, the aforesaid Anil Kumar Singh sustained fire-arm injury near his left eye-brow and the aforesaid circumstance negates the allegation levelled against the petitioner. It is further contended by him that the petitioner was not aware about the issuance of warrant of arrest and as a matter of fact, he was in Delhi in connection with his livelihood. It is also contended by him that one co-accused, Badri Yadav has filed Complaint Case for same occurrence mentioning this fact that in course of scuffle between the parties, accidentally fire took place as a result of which, the deceased 2 persons sustained fire-arm injury. Admittedly, the alleged occurrence took place in the year, 2003 and after that two anticipatory bail petitions were filed on behalf of the petitioner in the years, 2004 & 2005 respectively and both the aforesaid petitions were permitted to be withdrawn. The petitioner is the main assailant and he evaded his arrest near about 7 years. Therefore, considering the aforesaid facts and circumstances as well as submission of the parties, I do not feel it proper to release him on bail. Accordingly, the prayer for bail of the petitioner in connection with Sessions Trial No.454 of 2010/94 of 2010 arising out of Kuchhaila P.S. Case No. 03 of 2003, pending in the court of Additional Sessions Judge (F.T.C. No.V), Kaimur at Bhabua stands rejected. Learned trial court is directed to expedite trial of the petitioner. AKV/- ( Hemant Kumar Srivastava,J.)