IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.50421 of 2008 SURESH YADAV Versus STATE OF BIHAR ----------- 2 11.2.2009 Heard learned counsel for the petitioner and the State. Learned counsel appearing for the petitioner submits that the petitioner has been alleged only for causing fire which did not hit any one though he was not participant of the occurrence. From perusal of the F.I.R. from its face it is clear that the petitioner along with rest co-accused persons came where the deceased was sleeping. There was collective act of use of fire arm. It was a chance that the main assailant’s firing hit the deceased but none of them can be exonerated from allegation leveled for killing a sleeping person. Finding the allegation as discussed, petitioner’s prayer for bail is rejected. (Mandhata Singh,J.) AI