IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18325 of 2010 AMIR CHAND SINGH @ MAGAHI SINGH Versus STATE OF BIHAR ----------- 4. 25.08.2010 Heard learned counsel for the petitioner, Amir Chand Singh @ Magahi Singh as well as learned counsel appearing for the state. Petitioner is languishing in jail custody since 13.11.2009 in connection with Suryapura P.S. Case No. 48 of 2009 registered u/S 302 & other minor sections of the IPC as well as 27 of the Arms Act having allegation that he opened fire on deceased as a result of which deceased sustained injury and died in course of treatment. The contention of learned counsel for the petitioner is that there is case and counter case between the parties and as a matter of fact, on account of land dispute, prosecution party attacked on the petitioner and others for which Suryapura P.S. Case No. 46/09 was registered on 27.07.2009 and after institution of the aforesaid case, the present case was lodged on 29.07.2009, i.e. after two days of the alleged occurrence. It would appear from the record that Superintendent of Police, Rohtas was directed to swear affidavit explaining the reason why time and date of occurrence has not been mentioned in the F.I.R. and in compliance of the aforesaid order, the Dy Superintendent of 2 Police, Rohtas has sworn affidavit mentioning certain facts of the investigation. Admittedly as per prosecution case, the petitioner is main assailant and the witnesses have supported the prosecution case. So far as lodging of the counter case is concerned, it is not a proper stage to decide as to who was aggressor. Therefore, considering the allegation as well as submission of the parties and on perusal of the case diary, I am not inclined to release the petitioner on bail. Accordingly, the prayer is rejected. AKV/- ( Hemant Kumar Srivastava, J.)