IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.121 of 2009 Pradeep Mistry, Son of Sri Ram Chhote Mistri, resident of Village- Burhi Chak, P.S. Barh, District-Patna--- Petitioner Versus STATE OF BIHAR ----------- 4 13-04-2009 Heard Mr. Ajay Kumar Thakur, the learned counsel the petitioner Pradeep Mistry , who is one of the F.I.R. named accused of Barh P.S. Case no.239 of 2002 registered under Section 302/34 I.P.C. and 27 of the Arms Act and is in custody since 2.9.2008 for allegedly having caused the death of one Binod Mistry by means of fire arms , as also Mr. Jharkhandi Upadhaya, learned A.P.P. for the State. The petitioner is alleged to have fired at the neck of the deceased on 17.9.2009 at around 6.00 P.M. which eventually led to his death. By order dated 24.2.2009, the case diary along with postmortem report was called for. The postmortem report reveals that two external injuries were detected on the person of the deceased, namely, one lacerated wound of entry with charred and inverted margin and blackening 1” radius over right side back of upper chest below shoulder and the same was cavity deep. The second injury is lacerated would of exit of injury no.1 with inverted margin 5” x 3” bone deep over left side of neck and injury no.2 is communicated with injury no.1. The cause of death in the opinion of the doctor is haemorrhage and due to above injuries caused by fire arms. - 2 - In view of the postmortem report and the evidence available in the case diary I am not inclined to grant bail to the petitioner. His prayer for bail is accordingly rejected. NKS/- ( Abhijit Sinha, J )