IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.140 of 2010 UPESH KEWAT, Son of Late Ram Nandan Kewat , resident of Village- Paharpur, P.S. Wena , District-Nalanda Versus STATE OF BIHAR ----------- 03 23-02-2010 Heard Mr. S.N.P.Sinha, learned Sr. counsel for the petitioner and the learned A.P.P. for the State. The Petitioner, who is in custody in connection with Chandi(Wena) P.S. Case No.70 of 2008 initially registered under Section 307 and other allied Sections of the Penal Code and 27 of the Arms Act , has prayed for bail. Subsequently, Section 302 of the Penal Code was also added after the death of son of the informant who had received gun-shot injury during the occurrence. Learned counsel for the petitioner submits that though in the F.I.R., which was registered on 6.5.2008, the informant disclosed that it was the petitioner who had fired from gun from the roof of the petitioner which hit in the abdomen of the son of the informant while the deceased was on his own roof. Learned counsel further submits that the statement of the same informant was recorded as fardbeyan at P.M.C.H. by the police officer of Pirbahor Police Station, in which the informant had come out with a different story - 2 - on the manner of occurrence and he deviated from his earlier version. On this deviation, learned Senior Counsel prays for grant of bail in favour of the petitioner. In the F.I.R. there is specific allegation against the petitioner that he fired from his gun which hit the son of the informant, who subsequently died. It appears that the petitioner is main assailant in the case. Of course, three others were also named in the F.I.R. but no specific allegation against them was made by the informant. Keeping in view the fact of the case, particularly the fact that the petitioner is main assailant, I am not inclined to grant bail. Accordingly, the prayer for bail is rejected. It further appears that in this case after submission of the chargesheet the case was committed to the court of Sessions and case is pending for trial. Since the petitioner is in custody, it is desirable to direct the trial court to expedite the trial and conclude the same as early as possible. NKS/- ( Rakesh Kumar,J)