IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20541 of 2009 VINOD SINGH, SON OF LATE SHANKAR SINGH, RESIDENT OF VILLAGE CHHAP MATHIA, P.S. MIRGANJ, DISTRICT GOPALGANJ Versus STATE OF BIHAR ----------- 3. 24.08.2009 Heard learned counsel for the petitioner and learned counsel for the State. The case is under Sections 302 and 120B/34 of the Indian Penal Code and Section 27 of the Arms Act. The allegation of the informant, who happens to be wife of the deceased, is that petitioner and another accused Pintu Singh came on a motor-cycle and fired upon the deceased on account of which he died. Learned counsel for the petitioner submits that it was dead of night and there was no means of identification and, therefore, it was not possible for the informant to identify the accused persons. Secondly, he argued that the informant does not disclose the specific name of the accused as to whose fire hit the deceased, therefore, benefit of doubt should be granted to the petitioner. This Court is unable to accept the submission of the learned counsel for the petitioner. A rustic villager can identify a - 2 - known person by movements itself even if no source of light is available. So far as firing is concerned, since the deceased received shot on his head on account of which he died, it cannot be ruled out that the firing made by the petitioner did not hit the deceased. In the facts and circumstances of the case, this Court is not inclined to allow the petitioner on bail. The application is dismissed. B.T (J.N. Singh, J.)