IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20522 of 2010 SRI DEO YADAV Son of late Jagdish Yadav, resident of Village Sarani Kala (Sharma Tola) P.S. Bihariganj Distt. Madhepura. Versus STATE OF BIHAR . ----------- 3 7.10.2010 Heard counsel for the petitioner and counsel for the State. The petitioner is facing prosecution for the offences under sections 302/34 of the Indian Penal Code and section 27 of the Arms Act and there is direct allegation against the petitioner that he along with one Bisheshwar Sharma had caused fatal gun shot injury on the person of the deceased. Counsel for the petitioner submits that there is no eye witness and the version of the Informant is based on the so called statement given to him by his deceased father. He has further submitted that the petitioner has got no criminal antecedent. From a perusal of the case diary it appears that co- accused Bisheshwar Sharma is an old man aged about 70 years and about him it has been stated that he has been actually falsely implicated in this case, but then on such recommendation of the police officer a final decision as with regard to the complicity of Bisheshwar Sharma as yet not been taken. The said Bisheshwar Sharma is said to be still absconding. In the case diary there is nothing to show that the petitioner’s false implication was actuated on account of the previous enmity and therefore, in the given circumstances when 2 fire arm injury on the deceased is also corroborated, this Court is not inclined to grant bail to the petitioner. That being so, prayer for bail of the petitioner is rejected. The trial of the petitioner should be expedited. Abhay Kumar ( Mihir Kumar Jha, J.)