IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.49945 of 2008 ARUN CHOUDHARY Versus STATE OF BIHAR ----------- 2/ 19.1.2009 Heard. The case is under sections 302/34 of the I.P.C. and section 27 of the Arms Act and the petitioner is alleged to have fired the shot from his pistol so as to killing the deceased Sanjay Rai. Many angles have been put into argument of the learned senior counsel for the petitioner by saying that there could be confession of many other accused persons indicating that the assailant of the deceased could be other and further that at about 8 P.M. in the evening no one could be venturing to move about and if at all the occurrence could be committed, no one much less the informant and the deceased would be running to the place of occurrence. These are the probabilities which have to be looked into by the trial judge. As regards the allegation, considering that there is direct allegation of the petitioner being the assailant of the deceased, petition is dismissed. Anil/ ( Dharnidhar Jha,J )