IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31332 of 2008 MUNNA MISTRY Versus STATE OF BIHAR ----------- 3 20.10.2008 Heard learned senior counsel for the petitioner and learned counsel for the State. Case is under Sections 302, 120B and 34 of the Indian Penal code as well as Section 27 of the Arms Act. From the FIR, it is apparent that the petitioner is a main assailant. He fired first on the deceased as a result of which he fell down and thereafter there is allegation on other accused persons of having resorted to firing. It is submitted by learned counsel for the petitioner that the other accused persons have been granted bail by this Court. The case of the petitioner is distinguishable inasmuch as apparently he is the first assailant and the allegation against him of firing first upon the deceased. In the circumstances, in view of the direct allegation against the petitioner, I am not inclined to allow this application. This application is dismissed. Let the trial of case be expedited. Arvind/ ( J. N. Singh , J. )