IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34295 of 2008 VIVEKA SINGH @ VIVEKA NATH SINGH Versus STATE OF BIHAR ----------- 2/ 08.09.2008 Heard. The case is under Sections 302/34 of the Indian Penal Code. The allegation against the petitioner is that he fired a shot from his pistol on the right temple of the deceased. Attempt was made by learned Counsel for the petitioner to take advantage of an order passed by a Bench of this Court in Cr. Misc. No. 9616 of 2008 by which Tunaki Singh @ Kunwar Singh has been granted bail, but, I find that the allegation as regards firing of shots by Tunaki Singh is not specified as regards the part of the body hit. Similar is the case in respect of two other accused persons, namely, Manoj Singh and Shambhu Singh who are also alleged to have fired shots upon the victim. In the case of the present petitioner the assault is specified by making it very specific. The photocopy of the post-mortem report has been produced before me by learned Counsel for the petitioner and it appears that the injury was in consonance with the allegation, petition dismissed. kksinha/ (Dharnidhar Jha, J.)