IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9597 of 2010 MD. NAZIR SON OF MD. NASIR, R/O VILLAGE- PACHGACHHIYA, PACHHIYARI MUSLIM TOLA, P.S. GOPALPUR, DISTRICT- BHAGALPUR Versus THE STATE OF BIHAR ----------- 3 30/06/2010 Heard Mr. Shivendra Kumar Sinha learned counsel for the petitioner and learned APP for the State. Earlier prayer for bail of the petitioner was rejected vide order dated 18.4.2009 passed in Cr. Misc. No. 4671 of 2009. The petitioner has been described as sole assailant of the deceased but it has been submitted that the allegation against the petitioner appears to be improbable because no person can keep the pistol pointed upon the head even after firing. It is further submitted that against other accused persons the police has submitted final form. It has also been pointed out that according to the report of the court below, there is no progress in trial and only police paper has been submitted though the petitioner is in custody since 17.7.2008. As per allegation, it is the petitioner who has given fatal shot upon the deceased. Considering the above facts, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for bail is again rejected. avin (Shyam Kishore Sharma, J.)