IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.49459 of 2008 SRI RAM KUMAR S/O-Yogender Gope, R/O-Nand Goal, P.S.-Malsalami, Distt.-Patna. …………………………………………..Petitioner. Versus STATE OF BIHAR ……………………………………..Opposite Party. ----------- 4/ 04.03.2009 Heard learned Counsel for the petitioner, learned Counsel appearing on behalf of the State and learned Counsel for the informant. Altogether 8 persons are named as accused. Allegation is that the first shot was given by the petitioner later on shots were fired by Pinku Gope and Saryug Gope which led to death of Dina Gope. The occurrence was witnessed by the informant and First Information Report named accused persons Munna Kumar, Satrughan Gope, Amar Yadav and Pappu Kumar. Submission is that in course of post-mortem of the deceased only two ante-mortem injuries were found so the allegation of firing have not been substantiated. Further submission is that two independent witnesses Pawan Kumar and Vinod Kumar have ruled out the presence of the informant at the time of occurrence. It has also been submitted that the First Information Report witnesses have also given a different version and according to them the informant was not there. It has also been submitted that the deceased was a notorious - 2 - criminal he might have been killed by his enemies. Learned Counsel for the State assisted by the learned Counsel for the informant has submitted that the petitioner has been described to be one of the assailants. Considering this, I am not inclined to grant bail to the petitioner. Accordingly, his prayer for bail is rejected. kksinha/ (Shyam Kishore Sharma, J.)