IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.10786 of 2009 SHEO SHANKAR SINGH @ SHIV SHANKAR SINGH, S/O. SARVA NAND SINGH, RESIDENT OF VILLAGE - PIYANIYA, P.S. – UDWANT NAGAR, DISTRICT – BHOJPUR ………………………….. PETITIONER Versus THE STATE OF BIHAR ………………………. OPP. PARTY ----------- 3 15.06.2009 Heard. The petitioner is an accused in a case under Sections 302, 324, 307 and 34 of the Indian Penal Code. The informant Maharath Singh is the own brother of deceased Bahgwan Singh. He alleged that there was some land dispute between the brothers. He says that five brothers are on one side and one Sarvanand Singh was on the other side. It is alleged that on 14.08.2008 the petitioner opened fire at Bahgwan Singh causing injury in the abdomen on account of which he died. Thereafter, it is alleged that Sarvanand Singh father of petitioner opened fire at Geeta Devi, who also sustained fire arm injury. Learned counsel submits that witnesses have stated that all the four accused persons named in the First Information Report opened fire at Bahgwan Singh causing injury and consequently his death. Furthermore Geeta Devi wife of the deceased Sarvanand Singh stated that the father of the petitioner opened fire causing his death. He has further relied upon paragraph 36 of the case diary in support of the aforesaid submission. Learned counsel for the State and informant submit that the deceased sustained three injuries. They further stated that the other witnesses also stated that this petitioner and three others opened fire at - 2 - deceased. Learned counsel for the informant submits that Geeta Devi made her statement after two months of the occurrence. In the facts of the case, I am not inclined to grant bail to the petitioner for the present. However, he may renew his prayer for bail after completing one year in custody. Accordingly, his prayer for bail is rejected. Kundan/ (S. P. Singh, J.)