IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.35184 of 2011 Guddu Gidha, son of Rajjak MIan. Versus The State Of Bihar ---------------------------------- 3 20.12.2011 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 302/34 of the Indian Penal Code, 27 Arms Act, and Sections 3, 4, 5 of the Explosive Substance Act. The first information report instituted by the Officer Incharge, Khajekala Thana is that he received information on 27.04.2011 at 9:30 a.m. that some body had been shot at. On this information, he went to the place of occurrence and found that several persons gathered there out of which Md. Ashraf and Md. Ali told them that their brother had been shot dead by the accused persons. They narrated the manner in which the occurrence had taken place including that the petitioner after having thrown bomb on the road to scare people had fired at the deceased. During investigation, Md. Ashraf was examined in paragraph-24 of the case diary and he supported this fact and also expressed his fear in becoming a witness of the case on account of the criminal nature of the accused persons. It has been submitted on behalf of the petitioner that subsequently Md. Ashraf, the brother of the deceased filed a petition before the court stating therein that the accused persons were not involved and they have been implicated at the behest of the police. This has no value at present. 2 In view of the direct allegation against the petitioner of firing at the deceased and the fact that seven firearms injuries were found on the person of the deceased, I am not inclined to grant bail to the petitioner. The prayer is rejected. The Trial Court is directed to expedite the trial in view of the serious nature of the offence. Md. Ibrarul ( Anjana Prakash, J.)