IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33153 of 2008 RAJENDRA RAM Versus STATE OF BIHAR ----------- 5 11.11.2008 Heard Mr. Pranav Kumar, Learned counsel for the petitioner and Mr. R.N.Jha, A.P.P, for the State. The allegation against the petitioner is that he fired a shot targeting one Palki Ram but it missed the target and hit the son of the informant. The police appears submitting charge sheet only under section 304 of I.P.C. and this is the main plan for seeking the order of bail. The Court is of the opinion that it could not be a case under section 304 I.P.C. as the facts could constitute an offence under section 301 of I.P.C.. If the Trial Court has not framed the charge under section 301, it must do it and it must also consider that the petitioner is in custody for last over 3 years and as such should expedite the hearing by issuing notice to the Officer Incharge of the police station calling upon him to produce the witnesses cited in the charge sheet, so as to examining them on day to day basis. The trial must conclude within further period of one year from the date of receipt/production of a copy of this order. The application is dismissed. pkj (Dharnidhar Jha,J)