IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12266 of 2009 SANJAY YADAV @ SANJAY KUMAR, Son of Bijendra Yadav @ Bijendra Rai, Resident of village – Mahangupur Lodipur, P.S. Janipur, District – Patna. … Petitioner. Versus THE STATE OF BIHAR … Opp. Party. ----------- 02/ 06.05.2009 Learned counsel for the petitioner, learned counsel for the informant and the learned APP for the State. The learned counsel has mainly contended on the conflict between the allegation and the medical report. It was contended that two accused persons including the petitioner are alleged to have fired shots so as to killing the deceased. But Annexure-5 the post-mortem examination report indicates a solitary wound of entry and exit which were community to each other, which suggested that a single shot had killed the deceased. The second injury a lacerated wound was not reported to be the cause of death. This requires clarification by evidence of the medical man and others as to what could be exact position as regards the assailant of the deceased. Going by the allegations the petitioner does not figure as one of the assailants and considering that, the petition is dismissed. DKS/ (Dharnidhar Jha, J.)