IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.15517 of 2011 Hira Lal Prasad Versus The State Of Bihar ------------------ 3 24-08-2011 Heard learned counsel for the petitioner as well as learned counsel for the state assisted by learned counsel appearing for the informant. Petitioner is an accused in a case registered under Sections-302, 120B/34 of the of the Indian Penal Code, and 27 of the Arms Act with specific allegation the he shot fire on the deceased as a result of which, the deceased sustained injury and was declared brought dead by the doctor. The contention of learned counsel for the petitioner is that the petitioner is full brother of the deceased and as a matter of fact, the petitioner has been booked in this case on account of Partition dispute. It is further contended by him that the petitioner was residing in the same premises in which the alleged occurrence took place. On the otherhand, learned counsel appearing for the informant opposed the prayer submitting that witnesses have supported the prosecution case in course of investigation. Regard being had to the facts and circumstances of the case as well as submission of the parties; I am not inclined to release the petitioner on bail. Accordingly, prayer for bail of the petitioner in connection with Raxaul P.S. Case No. 180 of 2010 pending in - 2 - the court of Sub Divisional Judicial Magistrate, Raxaul at Motihari is, hereby, rejected. Learned Sub Divisional Judicial Magistrate, Raxaul at Motihari is directed to commit the case of the petitioner to the court of sessions within a month from the date of receipt of this order in accordance with law and after commitment; the trial court shall try and conclude the trial of the petitioner as early as possible. AKV/- (Hemant Kumar Srivastava,J.)