IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14858 of 2010 GANGA PRASAD YADAV, SON OF LATE KANAK LAL YADAV Versus THE STATE OF BIHAR ----------- 3. 29.06.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 147, 148, 149, 302, 427, 379 of the Indian Penal Code and Section 27 of the Arms Act. Allegation against the petitioner in the First Information Report is that six accused persons came on two motorcycles and thereafter the petitioner is said to have fired firstly on the chest of the deceased and, thereafter, the co- accused Rameshwar Yadav is said to have fired and rest of the accused persons fired on the deceased. The submission is that some witnesses stated that in fact, there was cross firing between the parties and in the transaction, the deceased had sustained injuries and in fact, the petitioner was in Deoghar at that relevant time, the plea of alibi was verified by the Investigating Officer, found true, and petitioner was not charge sheeted initially. However, on perusal of the case diary, it appears that there is some interpolation even in the carbon copy of the case diary obviously with an intent to support the fact that there was cross firing between the parties and the plea of alibi was verified six months later and there is absolutely nothing on record to show as to what was 2 the ailment that had afflicted the petitioner while he was in Deoghar at that relevant time. In view of such, I am not inclined to grant bail to the petitioner. The prayer for bail is rejected. The trial court is directed to immediately commit the case to the court of Session so that there is not further delay in the trial. S.Ali ( Anjana Prakash, J.)