IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41300 of 2009 Arvind Singh, Son of Late Devchandra Singh, Resident of Village Naokothi, P.S. Naokothi, District Begusarai. ------- Petitioner Versus The State of Bihar -------- Opp. Party ----------- 2 2.12.2009 Heard learned counsel for the petitioner and counsel for the State. In the opinion of this Court, the direct allegation against the petitioner of causing fatal injury on the person of the deceased for leading to an offence under Sections 452/302/386/120B/34 of the Indian Penal Code is sought to be doubted by the counsel for the petitioner by taking a plea that it will be impossible to assume that both the father and son, namely, the petitioner and Amit Kumar would have gone to the Dera to commit the offence in question. He would further submit that the informant does not appear to be an eye witness and it is rather curious to note that the informant has claimed to have identified the petitioner in the said Dera, which had apparently no door. In the opinion of this Court, two things are prominent, namely, one being the 2 petitioner having been named by the informant with specific overt act of causing fire-arm injury and the second one that the petitioner had a reason to do so as is claimed by the informant on account of the demand of certain money which was also paid. The submission of the learned counsel for the petitioner that the informant was not an eye witness and therefore, the identification claimed by her as also the specific allegation of overt act made by her in the First Information Report cannot be accepted is probably based on the assumption that the informant was not present over the place but then the vivid description given by her of the occurrence and the fact that she had been named the person whom she had identified by only face (Daru Wala) would go to show that the version of the informant was not tainted in any manner. Be that as it may, the petitioner happens to be the main assailant and therefore, this Court is not inclined to grant bail to the petitioner and accordingly, the prayer for bail of the petitioner, namely, Arvind Singh 3 is hereby rejected and the trial court is directed to expedite the trial of the petitioner. Rsh (Mihir Kumar Jha, J.)