IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44390 of 2008 MUNNA YADAV SON OF LATE ARJUN YADAV, RESIDENT OF MOHALLA PANCHAYATI AKHARA, WATER TANKI LANE, P.S. KOTWALI, DISTRICT GAYA-----------------------------PETITIONER. Versus STATE OF BIHAR---------------OPPOSITE PARTY. ----------- 03. 28.11.2008. Heard learned counsel for the petitioner and the State. Petitioner is an accused in a case under Section 302/34 of the Penal Code, Section 27 of the Arms Act and Section 3/5 of the Explosive Substances Act. He is named in the First Information Report along with four others including one Vinay Sao. It is submitted on behalf of the petitioner that he along with Vinay Sao is alleged to have opened fire causing death of the deceased Pappu @ Jamil Khan but it is submitted that only one entry and exit wound was found on the person of the deceased, as such, it is not sure that who amongst the two, petitioner and Vinay Sao killed the deceased. Appreciation of the aforesaid submission can be better made at the stage of trial. For the present petitioner and Vinay Sao are alleged to have shot at the deceased, in the circumstances, I am not inclined to release the petitioner on bail and this application is, accordingly rejected with liberty to renew prayer for bail in the event, Vinay Sao is released on bail. Rajesh/ (V.N.Sinha,J.)