IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1350 of 2010 KUNDAN KUMAR @ GAUTAM son of Diwakar Singh, resident of village Panapur Dilawarpur, Police Station Bidupur, District Vaishali, … …Petitioner Versus THE STATE OF BIHAR … OPPOSITE PARTY For the Petitioner: Mrs.Soni Shrivastava, Advocate For the State : Mr. USP Singh, APP …. 4 29.04.2010 Heard learned counsel for the petitioner and the State. The petitioner is in custody and seeks bail in a case registered under sections 302 and 389/34 of the Indian Penal Code and section 27 of the Arms Act and sections 3/4 of the Explosive Substance Act. It is submitted on behalf of the petitioner that though the allegation against the petitioner is that he along with two other co-accused, namely, Kunal Kumar and Kundan Kumar Singh, had fired upon Randhir Singh causing his death, however, during the course of investigation the witnesses examined under section 161 of the Code of Civil Procedure have made general and omnibus allegation against persons rather than any specific against the petitioner. One of the witnesses in paragraph 34 of the case diary has not even named the petitioner and has - 2 - specifically alleged that co-accused Kunal Kumar and Pappu had fired upon the deceased. Learned counsel further submits that though there were four injuries on the person of the deceased, two injuries are on the toe of the deceased, thus, it cannot be assumed that the act of the petitioner had proved to be fatal. The petitioner is stated to be of clean antecedent and is in custody since 03.07.2009. Learned counsel for the State submitted that there is direct allegation of firing against three accused persons including this petitioner and admittedly more than three firearm injuries are there, according to the post-mortem report. One of the co-accused, who is also named in the first information report, against whom there is allegation of firing, has been refused bail by this Court vide order dated 24.12.2009 by a Bench of this Court in Cr. Misc. No. 46309 of 2009. Having regard to the facts and circumstances of the case including the fact that there is direct allegation of firing against co-accused Kunal Kumar and Kundan Kumar Singh as well as this petitioner causing death and one of the accused Kundan Kumar Singh has been refused bail by this - 3 - Court, I am not inclined to enlarge this petitioner on bail. This application is, accordingly, dismissed. However, since the petitioner is in custody since 03.07.2009, the trial court concerned is expected to take every step for expeditious disposal of the case. SC (Dr. Ravi Ranjan, J.)