IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16533 of 2009 KAUSHAL RAI Versus STATE OF BIHAR ----------- 3 12.08.2009 Heard both sides. The petitioner prays for grant of bail in a case instituted under diverse sections of Indian Penal Code including Section 302 IPC. Allegation is that few accused persons riding on motorcycle arrived at the place where the deceased was sitting. It is alleged that the petitioner and one Rajiv Rai @ Natwar fired at the deceased causing his death. Learned counsel submits that there is some evidence on record to show that it was only Rajiv Rai who fired. It is contended that the post mortem report does not support in toto the prosecution case. Learned counsel further submits that it has come in course of investigation that injured while being carried to the hospital, whispered to the informant that it was accused Rajiv Rai who actually fired at him. Learned APP opposed the prayer and submitted that the doctor has found two injuries caused by fire arm. It is further contended that both the petitioner as well as co-accused Rajiv Rai had motive to kill the deceased. In the facts and circumstances, this court is not inclined to admit him to bail. His prayer for bail stands rejected. This court, however, grants liberty to the petitioner to 2 renew his prayer for bail if the trial of the case is not taken up within 10 months from the date of receipt/communication of a copy of this order. pkj ( Kishore K. Mandal, J. )