IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.35802 of 2011 Rajeshwar Pandey Versus The State Of Bihar ---------------------------------- 3 22-12-2011 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is named in the first information report with specific allegation that he opened fire causing fire-arm injury on the chest of the deceased. The contention of learned counsel for the petitioner is that in course of investigation, the I.O. found that there was a wall towards western side of the place of occurrence and after the aforesaid wall, there was residential house of the informant, so, it was not possible for the informant to witness the alleged occurrence but I am not at all convinced with the above-said submission of learned counsel for the petitioner because it is a specific case of the informant that he witnessed the alleged occurrence through the door which was fitted in western wall of the alleged place of occurrence. Considering the facts and circumstances as well as submissions of the parties, the prayer for bail of the petitioner in connection with Kudwan P.S. Case No. 5 of 2011 pending in the court of Sub-Divisional Judicial Magistrate, Daudnagar is, hereby, rejected. However, learned Sub-Divisional Judicial Magistrate, - 2 - Daudnagar, District-Aurangabad should commit the case of the petitioner to the court of Session in accordance with law. AKV/- (Hemant Kumar Srivastava,J.)