IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22434 of 2010 NATHUNI YADAV Versus STATE OF BIHAR ----------- 4 26.10.2010. Heard learned counsel for the parties. The petitioner has been made accused in S.Kamal Police Station Case No. 200 of 2009 for offence under sections 302,120B/34 of the I.P.C. and 27 of the Arms Act. It is alleged that petitioner, Nakul Yadav and one stranger fired at the brother of informant when he was buying Sweets for his relatives who were sitting in the shop after cremating their relative. It is said that petitioner and Nakul Yadav fired causing fire arm injuries, one in the neck and another in the back near the neck. The third accused fired causing injury near the ear of son of the shopkeeper. The injured was taken to the hospital but he died. The petitioner submits that even as per the FIR it has not been specifically alleged that whose fire proved fatal to the deceased. However, the post mortem report reveals that the deceased had received one fire arm injury. Petitioner is in custody since 20.1.2010. Learned counsel appearing for the State submits that though it is not specific that who caused fatal injury but from perusal of FIR and statements of witnesses, it is apparent that petitioner and one Nakul Yadav opened fire on the brother of 2 informant causing his death. That apart, the petitioner is accused in two more cases. In the facts and circumstances of the case, prayer for bail of the petitioner as above is refused at this stage. Shashi. (Samarendra Pratap Singh, J.)