IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.24755 OF 2009 ARBIND SINGH, SON OF LATE LAKHAN LAL SINGH, RESIDENT OF VILLAGE MATHURAPUR SONBARSHA, P.S. KHAGARIA, DISTRICT KHAGARIA VERSUS STATE OF BIHAR ----------- 4 06.11.2009 Heard learned senior counsel for the petitioner, learned counsel for the State and leaned counsel for the informant. The case is under sections 302, 387 read with Section 34 of the Indian Penal Code and section 27 of the Arms Act. In the first information report, five accused including petitioner have been named to have fired on the deceased. Later on, it is stated that two accused, namely, Ashok Singh and Anil Singh, fired first on the deceased and thereafter this petitioner also fired. However, from the post mortem report contained in the case diary it appears that there were at least six wound of entry on the deceased. Learned senior counsel for the petitioner submits that petitioner was not sent up for trial and other four accused were shown in the column of charge sheeted accused. However, the learned Magistrate took cognizance - 2 - of the offence against petitioner also. Learned counsel for the State as well as learned counsel for the informant have referred the statements of two witnesses in the case diary to show that witnesses have consistently stated that all the accused persons including petitioner had fired on the deceased which stands corroborated by post mortem report. In the circumstances, this Court is not inclined to allow petitioner on bail. The application is dismissed. B.T (J.N. Singh, J.)