IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28916 of 2008 VICKY @ MD.RASHID KHAN … … Petitioner Versus THE STATE OF BIHAR … … Opp. Party For the petitioner: Shri T.K.Jh, Sr.Adv. For the informant: Shri Rudradeo For the State: Shri Dashrath Mehta, APP ----------- 5. 28.11.2008 Heard Shri Tara Kant Jha, learned Senior counsel appearing for the petitioner, Shri Rudradeo learned counsel for the informant and Shri Dashrath Mehta, learned Additional Public Prosecutor for the State. The case is under Section 302 of the Indian penal Code and the occurrence took place on the day of Holi. The petitioner who was routed through the lane got some colour on his clothes. There was some heated exchange but by the intervention of some people the matter died down temporarily. However, while the petitioner was returning he threatened that he could come and teach a lesson to the informant and others. The petitioner did come with his two companions, as per the allegation, and started firing shorts indiscriminately. There was a panicky situation there and in that 2 course the deceased is said to have attempted to pull down the shutters so as to closing his shop or also to secure himself. At that particular moment, the petitioner is alleged to have fired at the deceased and when he fell down in the shop the petitioner fled away. The contention was that if the deceased was inside his shop it would have been improbable that the shot fired by the petitioner could hit him. The next contention is that it is a story of firing a single shot by the petitioner but the Doctor found three injuries. Learned counsel appearing for the informant has drawn the attention of the Court that the petitioner fired shot while the deceased was pulling down the shutters of his shop and, as such, there may not be any improbability. The further contention was that after the deceased had fallen down, others were also firing. Under the fats and circumstances and in the light of the contentions, the Court feels that the probability and 3 improbabilities, as contended, could be issues to be looked into and decided by the Court which tries the case after recording the evidence. As regards the bare allegation, on the face of it, the petitioner appears the assailant of the deceased. The petition is dismissed. Kanth ( Dharnidhar Jha, J.)