IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.7878 of 2011 NIRJESH SINGH @ NAGA SINGH, Son of Sri Swaraj Singh Versus THE STATE OF BIHAR ----------- 2/ 23.03.2011 Heard learned counsel for the parties. The prayer for bail of the petitioner was earlier rejected on 11.08.2010 in a case under Section 302 of the Indian Penal Code. The informant’s brother Gopal Singh was murdered by F.I.R. named accused persons. Accused Rajeev Singh alleged to have fired from his carbine causing injury in the back. The petitioner is also said to have fired around the ear from A.K. 56 rifle, thereafter Buti Singh opened fire in the stomach. It is further alleged that Baran Singh, Brajesh Singh, Mare Singh, Raj Kumar Singh and Billu Singh have also opened fire. Learned counsel for the petitioner submits that co-accused Rajkumar Singh has already been granted bail by order dated 15.04.2005 passed in Cr. Misc. No. 11499 of 2005. The petitioner is in custody since 26.10.2007. Heard the parties. I find that the case of the petitioner is distinguishable, as there is specific overt act of firing at the ear of the deceased. In the facts and circumstances of the case, I am not inclined to grant bail to the petitioner. His prayer for bail is rejected. However, he may renew his prayer for bail after eight months. Uday/ (Samarendra Pratap Singh, J.)