IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.24640 of 2008 RANJIT PASWAN Versus STATE OF BIHAR ----------- For the petitioner – Mr. Ashok Kumar Sinha, No. 10, Adv. For the State – Mr. Bishweshwar Ram, A.P.P. ----------- 3. 13/8/2008 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner has been made accused in a case which was initially instituted under Sections 302/34 of the Indian Penal Code. Later on cognizance has been taken under Section 27 of the Arms Act including Sections 302/34 of the Indian Penal Code. It is stated in the First Information Report that the petitioner has fired from point blank range upon the deceased causing his death. Learned counsel for the petitioner submits that though he has been named in the First Information Report as the main assailant who has fired upon the deceased causing death, police has submitted chargesheet against two other persons showing the petitioner as innocent. However, the court below has taken cognizance against him also under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act. He submits that from the material collected during the course of investigation, it has come that the petitioner is innocent. Learned counsel for the State submits that there is - 2 - allegation of firing upon the petitioner from point blank range. However, subsequently, though chargesheet has already been submitted against two persons including one Tiro Paswan, showing the petitioner as innocent but cognizance has been taken against him rightly as sufficient materials have been collected during the course of investigation also. In the facts and circumstances of the case and in view of submissions made on behalf of the parties, I am not inclined to grant bail to the petitioner at this stage. Hence, prayer for bail is refused for the present. S.Ali (Dr. Ravi Ranjan, J.)