IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20961 of 2008 DINESH YADAV Versus STATE OF BIHAR ----------- 3 21.7.2008 Heard learned counsel for the petitioner and learned counsel for the state. Petitioner is an accused in a case under sections 302, 326, 307 and other sections of the Penal Code and 27 of the Arms Act. The allegation is that on the basis of reliable information that veteran criminal Tesam Mian was staying along with his associates at village Kajari Ka Bira Mushahari at Basa with fire arms, the officer incharge of Beldaur P.S. along with other police officials conducted raid and surrounded the criminals. Having seen the police force accused Tesam Mian along with his other associates started indiscriminate firing. Inspite of order of the informant to surrender, they did not stop the firing and in self defence the police force also started reply firings. It is said that taking advantage of river, bushes and forest they succeeded to flee away. Due to firing, injured constable Ajit Kumar succumbed to the injury on way to hospital. The boatman also sustained fire arms injury. Learned counsel submitted that the petitioner is not named in the First Information Report. He submitted that save and except paragraphs-7 and 27 of the case diary there is nothing against the petitioner. 2 Learned counsel appearing on behalf of the State, on the other hand, opposed the bail and submitted that the witness in paragraph-27 of the case diary has idfentified the petitioner firing on the police force by S.L.R. He submitted that Tesam Mian confessed before the police and disclosed the name of the petitioner. It appears that the investigation against the petitioner is over and charge sheet has been submitted against him along with others under sections 302, 326 and other sections of the Penal Code and 27 of the Arms Act. It further appears that prayer for bail of Tesam Mian, Ramdeo Sada, Lattar Patel and Subhas Yadav has been refused by this Court in Cr.Misc.no. 297 of 2008 and analogous cases. Considering the facts and circumstances of the case, at this stage, this Court is not inclined to release the petitioner on bail. His prayer is refused. Petitioner may renew his prayer for bail before the court below after framing of charge. Al (M.Saran,J)