IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15671 of 2010 KAILASH PASWAN, SON OF KANHAIYA PASWAN Versus STATE OF BIHAR ----------- 3. 29.06.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 302 of the Indian Penal Code and Section 27 of the Arms Act. From the narrative of the First Information Report, it is clear that the Informant is not an eye witness but she has narrated about the occurrence as having been told by Santosh Paswan who disclosed the active complicity of the petitioner in committing this act. Submission is that there is no allegation against the petitioner of having fired at the deceased since Santosh Paswan himself is not an eye witness to the occurrence. Further submission is that the co-accused Ram Pravesh has been granted bail. However, I find the case of the petitioner is not similar to the case of Ram Pravesh Kumar Diwakar who has been released on bail by this Court on 19.4.2010 passed in Cr. Misc. 11836 of 2010 since he has no criminal antecedents. Considering the complicity of the petitioner, this court is not inclined to grant bail to the petitioner, at this stage. The prayer for bail is rejected. However, he may renew his prayer for bail after 2 framing of charge. It is made clear that the case of the petitioner will not be bifurcated for purposes of bail. S.Ali ( Anjana Prakash, J.)