IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.27678 of 2011 Nagendra Singh Versus The State Of Bihar ----------- 3 03-11-2011 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner is jail custody since 14-07-2011 in a case registered under Section- 302 & other minor sections of the Indian Penal Code and 27 Arms Act. There is specific allegation against this petitioner that he opened fire as a result of which, informant’s son-in-law sustained fire- arms injury and died while he was being taken to hospital for treatment. The contention of learned counsel for the petitioner is that in course of investigation, except the informant, none of the prosecution witness has stated about the involvement of the petitioner. It is further contended by him that according to prosecution case, the alleged occurrence took place on account of pendency of Title Suit No. 489 of 1995 but as a matter of fact, the petitioner is not party to that suit nor he has any concern with the above-said suit. On the otherhand, learned counsel for the informant submitted that not only the informant but her other family members also supported the prosecution case in course of trial of other accused and they have specifically stated that the petitioner opened fire causing fire-arm injury on the stomach of the deceased. Considering the aforesaid facts and circumstances as well as submission of the parties, I do not feel it proper to release the 2 petitioner on bail and accordingly, his prayer for bail in connection with Dhanarua P.S. Case No. 35 of 2006 pending in the court of Sub- Divisional Judicial Magistrate, Masaurhi stands rejected. However, the learned Sub-Divisional Judicial Magistrate, Masaurhi is directed to commit the case of the petitioner to the court of sessions in accordance with law as early as possible. A.K. Vishwakarma/- (Hemant Kumar Srivastava, J.)