IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20016 of 2008 SHAILESH RAI Versus THE STATE OF BIHAR ----------- 3. 3/7/2008 Heard. The case is under Section 302 I.P.C. and it relates to indiscriminate firing by the accused persons named in the F.I.R. On account of some dispute for payment of jewellery or demand thereof such an occurrence took place. A number of persons sitting in the shop are alleged to have targeted by the accused persons and there were two deaths in that incident. As regards the present petitioner Shailesh Rai, there is allegation against him that he fired a shot which hit Chhatelal Gupta in his chest and he died there. The contention by referring to some of the paragraphs of the case diary is that except the informant and one Madan Prasad Gupta as also Upendra Rai no other person(s) have named the petitioner. According to them the accused persons including the petitioner were putting Golmochha on their faces in order to conceal their identities. It was contended further that the persons who were cited as eye witnesses to the offence and who as per the F.I.R. could not see the occurrence would appear telling that they did not identify any of the accused persons as appears from the statement of Madan Prasad Gupta, Post Master who was examined in paragraph-130 of the case diary. The contention further is that the petitioner is in - 2 - custody since last 2 ½ years and the trial has been delayed by filing a petition under Section 319 of the Cr.P.C. for summing up the Additional accused. The learned counsel appearing on behalf of the informant has read out to me the evidence of the informant recorded during trial and it is the replica of the some statement which was made by the informant in his Fard beyan. The learned Additional Public Prosecutor has adopted the submission forwarded by the learned counsel for the informant. Considering the facts that the petitioner, as per F.I.R., appears to be one of the culprits who fired resulting into the death of the deceased, namely, Chhatelal Gupta and that fact is supported by one witness in paragraph-12 of the case diary which is also supported by the informant and the case is of double murder and above all it appears that an attempt was made to create fear amongst the business people and to create panic in one of the Centres of business in Saran, I am not inclined to direct the petitioner to release on bail. The petition is dismissed. S.Ali (Dharnidhar Jha, J.)