IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30492 of 2010 MD.KAILA @ KAILA MIAN Versus STATE OF BIHAR ----------- 5 23.3.2011 Heard learned counsel for the petitioner and learned APP for the State. This Court had already categorically recorded that specific allegation against the petitioner is of firing on the deceased which too has caused injury. Learned counsel for the petitioner thereafter relies on the postmortem report to show that this is a penetrating injury and penetrating injury cannot be caused by fire arm. I fail to understand such a submission because even a fire arm can cause a penetrating injury. In absence of any opinion of the doctor as to the nature of weapon used it cannot be presumed that it was not caused by a fire arm. It is a case where a specific allegation has been made against the petitioner of causing fire arm injury on the victim who died subsequently during the course of treatment and there are circumstances to show complicity of the petitioner with the crime and that was the reason why the prayer for bail of the petitioner was earlier rejected. There was also an observation to expedite the trial. However nothing substantial have been done in this regard as informed by the petitioner. The trial court is hereby categorically directed to take up this case on day to day basis as the F.I.R. of the - 2 - case is of the year 2005 and as it is relatively an old case which must be adjudicated on due priority. The prayer for bail is rejected again at this stage. RPS (Ajay Kumar Tripathi,J.)