IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19664 of 2010 RAVIS KUMAR MANI @ TINKU Versus STATE OF BIHAR ----------- 3 07.10.2010. Heard learned counsel for the petitioner, State and the informant. The petitioner is accused in a case registered under sections 302,307,324,323/34 I.P.C. and 27 of the Arms Act. As per prosecution case, the informant at 4 pm on 24.11.2009 had gone to his field along with his brother Lav Kumar (deceased). In the meantime, one Satya Narayan Singh restrained them from going through the land. The informant replied that every one has right to use general Rasta. It is further alleged that thereupon Satya Narayan Singh instigated his two sons, namely, the petitioner and Manish Kumar to kill them. In the process Satya Narayan Singh opened fire at informant’s brother. Thereafter, this petitioner also opened fire at informant’s brother Lav Kumar. On account of fire arm injuries, the informant’s brother fell down. Thereafter, Manish Kumar also opened fire at the informant injuring him. The petitioner submits that he was not present on the date of occurrence in the field and he has been falsely implicated in this case. He submits that the informant in his subsequent statement stated that Satya Narayan Singh open fire at the chest of the deceased and this petitioner opened fire causing injury on the 2 shoulder of deceased. Thereafter Manish Kumar also opened fire causing injury near the head. The petitioner submits that all the witnesses stated that Satya Narayan Singh opened fire at the chest, Manish at the head and petitioner caused fire arm injury on the shoulder. Learned counsel submits that occurrence took place on account of construction of boundary wall to which prosecution side were illegally opposing. Counsel for the informant and the State submits that the post mortem report and inquest report support the prosecution case. They state that even as per version of defence, the petitioner opened fire causing injury on the person of the deceased. Petitioner is in custody since 21.12.2009. Having heard the parties, it appears that all the witnesses stated that petitioner also opened fire causing injury on the shoulder of deceased. Prayer for bail of the petitioner is refused at this stage. Shashi. (Samarendra Pratap Singh, J.)