IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23724 of 2011 Ranjit Yadav, S/O-Bilash Yadav Versus The State Of Bihar ----------- 02 27.07.2011 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Earlier the prayer for bail of the petitioner was rejected by this Court vide order dated 04.01.2011 passed in Cr. Misc. No. 37691 of 2010 but the second bail petition has been filed on behalf of the petitioner on the ground that some important facts could not be brought before this Court at the time of consideration of bail application of the petitioner. Learned counsel for the petitioner points out that according to prosecution case, the alleged occurrence took place on 05.01.2009 whereas the present case was registered on 10.01.2009 on the Ferdbeyan of one Vivek Yadav who happens to be brother of the deceased. It is further submitted by him that in the Ferdbeyan of the aforesaid Vivek Yadav, there is no specific allegation of committing murder of the deceased against the petitioner and so far as Ferdbeyan of the deceased Vipul Kumar is concerned, the aforesaid Ferdbeyan was recorded on 07.01.2009 but no case on the basis of aforesaid Ferdbeyan was registered and, as a matter of fact, the aforesaid Ferdbeyan is nothing but only a creation of the prosecution party. Although, learned counsel for the petitioner tried to convince me about the innocence of the petitioner by placing the above stated submission but I am not, at all, convinced with his 2 submission because even if, it is assumed that no case was instituted on the basis of Ferdbeyan of the deceased, then also, it cannot be said that the aforesaid statement will not come under the ambit of dying declaration. Accordingly, the prayer for bail of the petitioner in connection with Sessions Trial No. 291 of 2010 arising out of Kasim Bazar P.S. Case No. 09 of 2009 stands rejected. However, learned trial court is directed to expedite the trial of the petitioner and conclude the same as early as possible. SHAHZAD ( Hemant Kumar Srivastava, J.)