IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4995 of 2008 SUDHI SHARMA @ SUDHIR SHARMA Versus STATE OF BIHAR - - - - 4. 14.8.2008 None appears on behalf of the petitioner to press this petition. Heard learned Additional Public Prosecutor who has referred to the case diary and the post-mortem report. The allegation is directly made that the petitioner fired a shot on the chest of the deceased and killed him. The learned Additional Public Prosecutor has drawn the attention of the Court to paragraph 95 of the case diary and the corresponding injury has been pointed out to be the injury no. 5 which wax a lacerated wound ¾”X ½”X Thorasic cavity on the left lower chest within 7th inter costal space with inverted margin which was a wound of entry. The underlying lung was found lacerated and metallic substance was found in the heart. Considering the facts and circumstances, I am not inclined to direct release of the petitioner. The petition is dismissed. Kanth ( Dharnidhar Jha, J.)