IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22215 of 2008 PAPPU KUMAR Versus THE STATE OF BIHAR ----------- 3/ 18.07.2008 Heard learned counsel for the petitioner and learned counsel for the State. Case is under Sections 302/34 of the IPC as well as 27 of the Arms Act. The allegation against the petitioner is that he fired on the head of the deceased. Deceased fell down upon which another accused Dharmendra Singh fired on the deceased which hit him on his neck and thereafter, accused Prem Singh assaulted the deceased with Chhura. Learned counsel for the petitioner submits that accused Dharmendra Singh and Jaleshwar Singh have been granted bail by this court. The fact is that this petitioner was the first assailant and the shot fired by him hit the deceased on his head, which was sufficient to cause his instantaneous death. In the circumstances, I am not inclined to grant bail to the petitioner. Therefore, this application is rejected. However, since the petitioner is in custody since 16.8.2006, the learned court below is directed to expedite the trial of the case and conclude the same within six months positively. DKS/ (J.N.Singh,J)