IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.47506 of 2008 BRIJ BIHARI SINGH S/O-Late Yamuna Singh, R/O-Vill-Mohanpur, P.S.-Karakat, Distt.-Rohtas. …………………………………………..Petitioner. Versus STATE OF BIHAR ……………………………………..Opposite Party. ----------- 3/ 17.02.2009 Heard learned Counsel for the petitioner and learned Counsel appearing on behalf of the State. Petitioner is the sole assailant of the deceased. Supplementary affidavit has been filed by the learned Counsel for the petitioner narrating the physical condition of his only son who according to him is a retarded person. The petitioner is sole named accused of the case which has been registered under Section 302 of the Indian Penal Code and Section 27 of the Arms Act. According to the allegation the petitioner’s first shot missed and hit against the wall but his second shot caused injury to his own brother. Submission is that intention was not of the petitioner to kill his brother and so the case does not come under Section 302 of the Indian Penal Code, it will come under Section 301 of the Indian Penal Code. Prayer for bail of the petitioner has been opposed by learned Counsel for the informant. The petitioner is sole assailant of the deceased. Considering this, I am not inclined to grant bail to the petitioner. Accordingly, prayer for bail of the petitioner is rejected. kksinha/ (Shyam Kishore Sharma, J.)