IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38664 of 2008 RADHESHYAM SAHANI @ RADHESHYAM SHARMA Versus THE STATE OF BIHAR ----------- 4. 15.10.2008 Heard. The case is under Section 302 etc IPC, 27 of the Arms Act and Sections 3 and 5 of the Explosive Substances Act. The allegation is that the deceased Pappu Rai who happened to be the Sala of the informant named the petitioner by putting a question to him as to what he was doing upon which this petitioner shot at him and badly injured the said Pappu Rai, the deceased. The further story is that while the deceased was transported to Bettiah for being hospitalized he again stated the name of this petitioner as his assailant. The contention is that some of the persons examined in paragraphs 10, 11, 12, 13 etc have stated that the informant was not present there and that the deceased was all alone and that he was engaged in a trade of illicit currency and some other criminals, might be his rivals had committed the offence. The learned A.P.P. has cited some of the paragraphs in support of the allegations. It is too early to record any definite finding as to what could be the reality of the offence. Considering the allegations, this remains a fact that the deceased was naming the petitioner as his assailant and in that light, the petition is dismissed. B.Kr. ( Dharnidhar Jha, J. )