IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40370 of 2008 RAJNEESH PATEL Versus STATE OF BIHAR ----------- 2. 21.10.2008 Heard Sri U. C. Verma, learned counsel for the petitioner and Sri A.H.M., Rahman, learned A.P.P. This case has been registered under section 302 etc. of the Indian Penal Code. It is a long narration and the ultimate of which is that on seeing a group of persons consisting of the deceased and one Chintu, order was given to kill Chintu but the shot missed the said Chintu and hit the deceased Rahul, who succumbed to his injury. The shot was fired by the present petitioner. The contention is that though the petitioner Rajneesh Patel had no motive or intention to kill the deceased Rahul but it could have been against Chintu. Considering the provision of section 301 of the Indian Penal Code one could say the intent to kill could be the material aspect of the matter and as appears in the present case even if a man was not intended to be killed, if killed, it could be an offence under that particular provision of the Penal Code. The trial is under way and some witnesses have been examined. As such I do not find any justification to direct release of the petitioner on bail. The trial court is directed to expedite hearing and conclude the same as early as possible. The petition is dismissed. sudip ( Dharnidhar Jha,J )