IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14768 of 2008 MANISH SHARMA Versus THE STATE OF BIHAR ----------- 2 9/5/2008 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner faces prosecution under section 302,120B/34 of the Indian Penal Code and section 27 of the Arms Act. Counsel for the petitioner submits that when it is alleged in the First Information Report that three persons had fired on the person of the deceased and there is no specific allegation that whose firing had caused death of the deceased, the petitioner cannot be made responsible for death of the deceased. Counsel for the State, on the other hand, has submitted that at this stage it would be difficult for the prosecution to explain which of the injury had caused fetal injury. It has further been submitted that there is direct allegation against the petitioner for opening fire on the person of the deceased, and as such this Court may not grant bail to the petitioner. Having considered the rival contentions of the parties, this Court is of the view that in view of direct allegation against the petitioner of opening fire on the deceased, the petitioner does not deserve bail. Accordingly, prayer for bail of the petitioner is rejected at this stage. It is, however, made clear that as the petitioner is in jail since 13.9.2007, the trial 2 court should take steps to expedite the trial of the petitioner. ( Mihir Kumar Jha, J) Abhay Kumar.