IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30745 of 2008 KRIT VIJAY MEHTA, son of Late Nityanand Mehta, resident of village- Mokma, P.S. dhamdaha, District-Purnea …… Petitioner Versus THE STATE OF BIHAR …… Opp.Party ----------- 3. 15/10/2008 Heard learned counsel for the petitioner and learned counsel for the State. In the F.I.R. there is direct allegation against petitioner of having fired upon the deceased resulting into his death on the spot. Learned counsel for the petitioner submits that in the fardbeyan allegation of firing is on four persons whereas in the post- mortem report only three fire arm injuries have been found. He further submits that there is land dispute between the parties and father of the petitioner was killed by the prosecution side and due to which they bore a grudge against petitioner and others on account of which petitioner has been falsely implicated. He has further submitted that apart from the informant, no other independent witness has come forward to support the prosecution case. From perusal of the F.I.R. it appears that enmity is admitted and it is alleged that - 2 - since the deceased had come out of jail, therefore, this petitioner and others in order to take revenge have killed him by entering into his house. Obviously since the occurrence was in the dead of night in the house of the informant, no villager is expected to witness the same except the inmates of the house. Allegation of firing is on four persons in the F.I.R. but only three fire arm injuries were found on the deceased which does not rule out sustaining injury by the deceased by the firing resorted to by this petitioner. Enmity cuts both ways and therefore, it cannot be said at this stage that on account of enmity petitioner has been falsely implicated. In the circumstances, since there is direct allegation against the petitioner in the F.I.R. itself, I am not inclined to allow the application for bail. This application is accordingly dismissed. However, trial court shall make all endeavours to conclude the trial at an early date. Pradeep/ (J. N. Singh, J.)