IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15835 of 2010 SAIFULLA Versus STATE OF BIHAR ----------- 03/ 25.08.2010 Heard learned counsel for the petitioner- Saifulla who is languishing in jail custody since 7.1.2010 in connection with Ranignaj P.S. Case no. 140/2009 registered under sections 324, 326, 307 IPC and 27 of the Arms Act subsequently converted under section 302 IPC. The allegation against the petitioner is that he opened fire on the informant’s brother as a result of which informant’s brother sustained fire arm injury beneath his left eye. He was taken to hospital but subsequently he died in course of his treatment. Contention of learned counsel for the petitioner is that none of the local person has named the petitioner rather it was the Barat party who disclosed the name of the petitioner in course of investigation. So far Barat party are concerned, they are not co- villagers of the petitioner and it is surprisingly enough as to how they came to know the name of the petitioner. He also submits that even if the prosecution story assumed to be true for the sake of argument, it is case of under section 304IPC. On the other hand, learned counsel for the State vehemently opposes the prayer for bail and points out that during the course of investigation several witnesses have named the petitioner which is evident from different paragraphs of the case diary. He also submits that since the petitioner is the main assailant he does not deserve - 2 - privilege of bail. Regard being had to the facts and circumstances and submissions of the parties, I am not inclined to release the petitioner on bail. Accordingly, his prayer for bail stands rejected. Before parting of the order, the learned counsel for the petitioner submits that some observations may be given so that the petitioner may renew his prayer for bail after some time. Admittedly, there is nothing on record to highlight the present stage of the case of the petitioner. Moreover, the petitioner may renew his prayer for bail after six months. shahid (Hemant Kumar Srivastava,J))