IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23179 of 2010 BIRENDRA SINGH @ BIRENDRA KUMAR SINGH Versus STATE OF BIHAR ----------- 5. 26.10.2010. Heard learned counsel for the parties. The petitioner has been made accused in a case under sections 302/34 of the I.P.C. and under section 27 of the Arms Act. The informant stated that he along with his son Ritesh Pandey (the deceased) was going to Sinha Bazar for treatment. In the way, he came across the petitioner and his son Munna Pandey. On seeing the informant and his son, Munna Pandey went inside the house and came with rifle. One Nagendra Singh provoked the duo to kill the informant and his son. However, gauzing the intention, informant and his son started fleeing away from the scene. It is alleged that Munna Pandey fired two shots but it did not hit any one. It is further stated in the F.I.R. that when fire opened by Munna Pandey missed, Ritesh Pandey looked back to see the situation, he saw the petitioner firing from the rifle. The fire shot opened by the petitioner hit right chest of Ritesh Pandey, whereafter he fell down on the ground. Injured was taken to the Sadar Hospital, Arrah and thereafter to the PMCH but in way he died. Cause of occurrence is said to be a previous altercation between the parties for flying kites. The petitioner submits that independent witnesses 2 stated that son of informant/the deceased used to tease daughter of petitioner which was earlier protested. Furthermore, it is difficult to witness the firing from front, when the deceased was admittedly running for life along with his father/the informant. The witnesses too reached after the occurrence. However, in the facts and circumstances of the case, prayer for bail of the petitioner as above is refused with observation to renew the prayer for bail after eight months. Shashi. (Samarendra Pratap Singh, J.)