IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2250 of 2011 DINA GOSWAMI Versus THE STATE OF BIHAR ----------- 03 16.05.2011 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is said to be main assailant and it is alleged that he opened fire on the deceased as a result of which deceased sustained fire arm injury and died. The contention of learned counsel for the petitioner is that in fact, one Diwakar, who happens to be close of prosecution party, opened fire on petitioner’s mother but fortunately, petitioner’s mother escaped unhurt and the aforesaid firing hit to the deceased of this case for which Kharagpur P.S. Case No. 150 of 2002 was registered. Admittedly, Kharagpur P.S. Case No. 150 of 2002 was filed after filing of the present case and admittedly, the above stated case was instituted on the basis of complaint petition which had been filed on 31.07.2002 whereas the alleged occurrence had taken place on 07.06.2002. Moreover, petitioner could not be nabbed for more than eight years. Therefore, considering the aforesaid facts and circumstances as well as submissions of the parties, I do not feel it proper to release the petitioner on bail. Accordingly, his prayer for bail in connection with Haveli Kharagpur P.S. Case No. 92 of 2002, stands rejected. Shahzad (Hemant Kumar Srivastava, J ) 2