IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20033 of 2009 1. SANJAY RA @ DALLU, sonof Shri Bhagwan Rai, resident of village Madhupur, P.S. Bihta,District Patna… Petitioner Versus THE STATE OF BIHAR… Opposite Party For the Petitioner: Mr. Dhirendra Kumar Sinha, Advocate For the S t a t e : Mr. R.P.S. Singh, A.P.P. ----------- 3 06.10.2009 Heard learned counsel for the petitioner and the State. The petitioner has been made accused initially under sections 341, 323, 504, 506 and 307/34 of the Indian Penal Code. However, subsequently, after the death of the victim section 302 of the Indian Penal Code was added. It is submitted by learned counsel for the petitioner that the manner of occurrence, as stated in the first information report, and the further statement of the informant in paragraph 35 of the case diary does not tally. It is also submitted that the post-mortem report shows that the victim had died due to septicemia after 17 days of the occurrence. It is submitted on behalf of the State that it is clear from the post-mortem report itself that the victim had died of septicemia due to the chest injury caused by the firearm. It is also submitted that there is direct allegation 2 against the petitioner of firing at the deceased causing injury to him and his subsequent death. Having regard to the facts and circumstances of the case and the fact that there is direct allegation of firing upon the petitioner injuring and causing death subsequently, I am not inclined to enlarge the petitioner on bail. As a result, this application is dismissed. SC ( Dr. Ravi Ranjan, J.)