IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.46148 of 2009 SHRI RAM KUMAR SON OF YOGENDRA GOPE, R/O VILLAGE- NANDGOLA, P.S.- MAL SALAMI, DISTRICT- PATNA Versus THE STATE OF BIHAR ----------- 3 03/02/2010 Heard Mr. Shakeel Ahmad Khan the learned Senior Counsel for the petitioner, learned counsel for the informant and learned APP for the State. Earlier prayer for bail of the petitioner was rejected vide order dated 4.3.2009 passed in Cr. Misc. No. 49459 of 2008 considering the fact that he has been described as the person who has first fired.Later on the firing was resorted by Pinku Gope and Saryug Gope which led to death of Dina Gope. Submission is that there was only two ante- mortem injury, therefore, it is not clear as to what firing was proved fatal. Report received from the court below shows that the case has not been committed as yet and it is pending for supplying of police paper to the accused person who is not being produced from the jail. It appears from Annexure 1/1 to this application that the petitioner has moved before the Hon’ble Supreme Court of India for grant of bail by filing Special Leave to Appeal (Crl) No (s) 3309 of 2009 which was permitted to be withdrawn. 2 Considering the facts and circumstances, I see no reason to take a different view from the earlier. Accordingly, prayer for bail of the petitioner is again rejected. avin (Shyam Kishore Sharma, J.)