IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4179 of 2011 Vikas Rai @ Tuntun Rai, Son of Shri Vijay Shankar Rai, R/o-Vill.-Chhata Bardhi, P.S.-Ramgarh (Nuawn), District-Kaimur at Bhabua. –Petitioner . VERSUS The State of Bihar -Opposite Party. ----------- 02 09.02.2011 The petitioner is in custody in relation to Ramgarh P.S. Case No.78 of 2007 which was originally instituted under Section-307 IPC and other Sections of IPC read with Section-27 of the Arms Act. Later upon death of the injured Section-302 IPC was added. As per the F.I.R., there is a direct allegation against the petitioner, Vikas Rai @ Tuntun Rai in firing at the stomach of the deceased because of which the deceased died. Learned counsel for the petitioner drew attention of this Court to several bail orders passed by this Court granting bail to various other co-accuseds. I have perused the orders passed therein but they are all in relation to persons who were order giver but did not cause substantial injury which caused death. In all those orders, it is specifically mentioned that Vikas Rai @ Tuntun Rai and Prem Shankar Rai are main assailants who caused the death of the deceased. In order dated 12.11.2007 passed in Cr. Misc. No.47472 of 2007 it is specifically noted that Vijay Shankar Rai was the father of petitioner and his bail application was rejected on 12.11.2007 with an order that bail application would be considered only after petitioner’s surrender. It is mentioned that petitioner and Prem Shankar Rai are threatening prosecution and its witnesses while absconding. It has taken over four - 2 - years for the petitioner to be apprehended though named as the main assailant. In the facts aforesaid, I am not inclined to release the petitioner on bail. The same is rejected. The trial may be expedited. Trivedi/ (Navaniti Prasad Singh, J.)