IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1317 of 2011 RITESH KUMAR @ RITESH YADAV Versus THE STATE OF BIHAR ----------- 03/ 26.03.2011 Heard learned counsel for the petitioner as well as learned Addl. P.P. for the State assisted by the learned counsel for the informant. Petitioner is languishing in jail custody since 6.9.2010 in connection with Karpi P.S. Case no.101/2010 registered under section 302/34 of the IPC and 27 of the Arms Act. Petitioner is named in the first information report with allegation that he along with other accused made indiscriminate firings on the deceased as a result of which deceased died then and there. The contention of the learned counsel for the petitioner is that petitioner is a student and, at the relevant time, he was doing coaching at Patna but he has been falsely implicated in this case. It is also contended by him that no specific overt-act has been attributed against the petitioner and only omnibus allegation of firing has been levelled against him. On the other hand, learned Addl. Public Prosecutor as well as learned counsel for the informant vehemently oppose the prayer for bail and submit that there is allegation of firing against this petitioner. Learned counsel for the informant produces photo copy of order dated 11.2.2011 passed in Cr. Misc. no. 4385/2011 and submits that having similar allegation prayer for bail of co-accused Ramesh Yadav has - 2 - already been rejected by another bench of this court. Taking into consideration the above stated facts and circumstances as well as submissions of the parties, I am not inclined to release the petitioner on bail. Accordingly, his prayer for bail in connection with Karpi P.S. Case no. 101 of 2010 stands rejected. However, if the trial of the petitioner is not concluded within seven months from the date of receipt of this order, the petitioner may renew his prayer for bail. shahid (Hemant Kumar Srivastava,J)