IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3284 of 2009 PAWAN KUMAR, Son of Late Veera Ravidas, resident of Village- Parsawa, P.S. Koanch, District- Gaya………………………..Petitioner. Versus The State of Bihar………………………………………Opposite Party. ----------- 3. 17.04.2009. Heard learned counsel for the petitioner Pawan Kumar, one of the First Information Report named accused of Konch P.S. Case No. 40 of 2008 registered under Section 307 and other allied sections of the Penal Code as well as Section 27 of the Arms Act. The allegation against the petitioner is of having fired and caused injury to Ankit Kumar, a minor child, who had at the relevant time playing. The submission on behalf of the petitioner is that for the same occurrence, Konch P.S. case No. 39 of 2008 was registered under Sections 307,379 and other allied Sections of the Penal Code wherein the members of the prosecution party have been made to figure as accused. It is further submitted that it would be apparent from the depositions of some of the witnesses before the police that following an altercation and frenzied temper the petitioner took advantage of his status and resorted to firing and to cover up his ulterior motives. The injury report of both the injured reveal that the opinion about the nature of injury has been kept reserved. That apart there is general and omnibus allegation against the petitioner having resorted to firing. It appears from the impugned order of the Learned Magistrate that the witnesses who had fully supported the prosecution - 2 - case in paragraph nos. 7 to 11 and 21 have stated about presence of the petitioner at the alleged place of occurrence. The petitioner, admittedly, is in custody since 18.9.2008 but in view of specific allegation against him of having fired and caused injury, I am, for the present, not inclined to grant bail to the petitioner. His prayer for bail is rejected. However, he may renew his prayer for bail after one year. U.K. (Abhijit Sinha,J)