IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16543 of 2008 KUNDAN YADAV Versus THE STATE OF BIHAR ----------- 03/ 03.09.2008 Heard. The case is under Section 302 of the IPC and the initial story is that for a particular piece of land there could be some dispute between the parties. While the informant and the deceased were coming by a motor cycle the accused persons intercepted them and at the orders of Shambhu Yadav, accused Mithilesh Yadav caught hold of the hands of the deceased, Rajesh Yadav dealt blows with danda on him along with Gopal Yadav and Ankesh Yadav and in the meantime, this petitioner fired a shot by his pistol, so as to killing Sanjeev Yadav. The contention is that the police has doubted the manner of occurrence and that the implication is on account of political as well as on account of property dispute. The learned Additional Public Prosecutor has cited some of the paragraphs of the case diary, which consistently indicate that this petitioner had fired a shot and caused the injuries. The post-mortem also supports the allegation by virtue of that there was only one fire arm injury. Regard being had to the facts and direct nature of the allegation against the petitioner; I am not inclined to direct the release of the petitioner. His prayer for bail is dismissed. DKS/ (Dharnidhar Jha, J)