IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.50508 of 2008 CHANDRADEO YADAV, Son of Late Mithal Yadav, resident of Village-Kashipur, P.S.Dhanaura, District-Patna. Versus STATE OF BIHAR ----------- 2. 20.1.2009 Heard Sri Kanhaiya Prasad Singh, senior counsel for the petitioner and the learned A.P.P. for the State. The case has been registered under Section 302 IPC and the story is that a quarrel was going on and the informant and his brother(deceased)who were passersby, stayed there to witness it. This petitioner fired a shot aiming the same at one Runi Yadav but it missed the target and hit the brother of the informant around one of his ears and he died. The contention is that the case it could not be under Section 302 IPC and, rightly so, as it could be a case under Section 301 IPC. The other contention is that in fact the petitioner, an old man of 65 years, was grappling with Runi Yadav in the quarrel who was armed with a pistol and that pistol misfired and hit Santosh Yadav who died. The fact as alleged by the prosecution and the defence are subject to trial by the learned trial Judge. As things stand presently and taking the facts on their face value, the petitioner appears a man who fired the shot which ultimately killed the deceased, considering which, the prayer for bail of the above named petitioner is dismissed. B.Kr. ( Dharnidhar Jha, J. )