IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3880 of 2008 BRIJ BIHARI RAM Versus THE STATE OF BIHAR ----------- 03/ 13-05-2008 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the informant. The petitioner is an accused in a case under Sections 302, 120B read with Section 34 of the Indian Penal Code and Section 27 of the Arms Act. The allegation is that 25 F.I.R. named accused persons surrounded informant’s nephew Vijay Singh and three accused including the petitioner opened fire from country made pistol and caused the death of Vijay Singh. It further appears that during postmortem examination the doctor found two fire arms injuries on the person of the deceased. Learned counsel submitted that it is not clear from the F.I.R. as to whose shot proved fatal. He further submitted that co–accused Hari Nath Ram and three others have been allowed bail by this Court. He submitted that petitioner is in custody since 7.3.2007. Learned counsel for the informant, on the other hand, opposed the bail. Considering the facts and circumstances of the case, at this stage this Court is not inclined to release the petitioner on bail. Prayer is refused. The court below is directed to expedite the trial of the petitioner. S.Sb/- (Madhavendra Saran, J.)