IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28401 of 2010 NIRJESH SINGH @ NAGA SINGH Versus STATE OF BIHAR ----------- 2 11.08.2010. Heard learned counsel for the parties. Application for bail of the petitioner, who is in custody since 26.10.2007 in Mokama Police Station Case No. 103 of 2001 instituted under section 302 and other allied sections of the Penal Code, was permitted to be withdrawn by this Court vide order dated 3.6.2010 as contained in annexure 1. It is alleged that petitioner and others named in the FIR surrounded the deceased, thereafter on orders of accused Ratan Singh, Rajeev Singh fired from his Carbine causing injury in his back, then this petitioner is said to have fired a bullet close to ear of brother of informant from his AK 56 rifle, thereafter Buti Singh fired in the stomach, Baran Singh, Brajesh Singh, Mare Singh and Raj kumar Singh and Billu Singh also fired at the brother of informant. The petitioner submits that other accused persons who too fired at the deceased have already been allowed bail by different benches of this Court mentioned in paragrahs 9,10 and 11 of the brief. Learned counsel for the State submits that it was the petitioner who first fired fatal shot near the ear of deceased, as such, his case is distinguishable from others. 2 Prayer for bail of the petitioner is refused. Keeping in view the period of incarceration of petitioner and the fact that charge was framed in this case on 20.7.2009 but no witness has turned up to depose in the case, the court in seisin of the case i.e. Sessions Trial No. 669/2008 arising out of Mokama Police Station Case No. 103 of 2001 is directed to expedite the trial and dispose of the same at the earliest. Let this order be communicated to the District and Sessions Judge, Patna for its compliance. Shashi. ( Samarendra Pratap Singh, J.)