IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8323 of 2009 VIJAY SINGH son of late Fauzdar Singh, resident of village-Arjun Bigha,P.S._Darihat, Dist.-Rohtas. Versus STATE OF BIHAR ----------- 3. 28.7.2009. Heard. The petitioner is an accused of a case which was initially registered under section 307 and some other sections of the Indian Penal Code but after death of the injured section 302 of the Indian Penal Code was added. Allegation against the petitioner is that he fired on the head of the informant’s brother Motilal Singh, who after receiving injury fell down and became unconscious. He in course of treatment died. Submission is that after the death of the deceased his full brother has given another fardbeyan in which he has stated that dacoity was committed in his house and in course of dacoity certain articles were looted away and the petitioner fired on his brother. His implication is on account of admitted enmity due to land dispute. All decrees of the court are in favour of the petitioner. So, there was no occasion for the petitioner to cause any overt act. Even in the second first information report, upon which the petitioner has relied, he has been described as sole assailant of the deceased. Considering the allegation, I am not inclined to grant bail to the petitioner. Accordingly, his prayer for bail is rejected. Md.S. (Shyam Kishore Sharma,J.)