IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.472 of 2009 ASHUTOSH KUMAR @ ASHUTOSH KUMAR VERMA Versus STATE OF BIHAR ----------- 2 20.3.2009 The petitioner who has been declared juvenile is an accused in a case under section 302 of the I.P.C. and section 27 of the Arms Act. The allegation against the petitioner is that he opened fire at the son of the informant. He too was taken to M.J.K. Hospital, Bettiah, for treatment who died soon thereafter The learned counsel submits that the deceased used to tease the sister of the petitioner and as such even assuming the prosecution case to be true there was due provocation for the alleged act. He submits that there is no definite material to show that petitioner will come in association of bad elements. Having heard the learned counsel for the parties it appears that the allegation is that the petitioner shot at the stomach of the deceased by his pistol. The aforesaid allegation shows that the petitioner somehow or the other managed to escape. As such this Court does not find the apprehensions expressed by both the Courts to be un reasonable. In the circumstances, the bail application of the petitioner is rejected. The orders of both the courts below are hereby set aside. However, trial is directed to be expedited. Anilksinha (Samarendra Pratap Singh,J.) 2