IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10486 of 2010 SANJIV MANDAL Versus STATE OF BIHAR ----------- 3 8.7.2010 KHAN Heard counsel for the petitioner and the State. The petitioner is an accused in a case under section 302/34 of the Penal Code. It is alleged by the informant Raudi Kumar that he learnt that some accused persons were quarrelling with his brother Nand Kishore Sahni in front of a wine shop. It is further alleged that the petitioner Sanjiv Mandal drew his pistol and shot at his brother as a result of which he fell down. From perusal of the impugned order of the Sessions Judge, it would appear that he has referred to four paragraphs of the case diary namely paragraph nos.9, 11,12 and 13. Out of these paragraphs, only witness examined vide paragraph 11 has supported the prosecution case. Learned counsel for the petitioner submits that in view of the statement recorded in paragraph 9 of the case diary, the informant had come to the place of occurrence after the occurrence. He further submits that the witnesses in paragraphs 47 and 20 stated that one Raj Nath shot at the deceased. The petitioner is in custody since 29.10.2007. Considering the nature of allegation, I am not inclined to grant bail to the petitioner. His prayer for bail is rejected. However, he may renew his prayer for bail after remaining in custody for three years. (S.P.Singh,J)