IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40817 of 2008 RAJ KUMAR SINGH @ NEHRU SINGH, SON OF GANDHI SINGH, RESIDENT OF VILLAGE-KEWRHA, P.S. DHANARUA, DISTRICT-PATNA ……………………………………………………………………….PETITIONER. Versus THE STATE OF BIHAR……………………………………OPPOSITE PARTY. ----------- For the Petitioner : Dr. Alok Kumar ‘Alok’, Advocate. For the State : Mr. C. Jawahar, A.P.P. For the informant : Mr. A.K. Singh, Advocate. ------------ 7. 20.4.2009. Heard learned counsel for the petitioner, Raj Kumar Singh @ Nehru Singh, one of the F.I.R. named accused of Dhanarua P.S. Case No.58 of 2000 registered under Section 302 and other allied Sections of the Penal Code as also Section 27 of the Arms Act who is in custody since 23.1.2008. It is submitted that co-accused, Binay Kumar Singh, who is also facing allegation of having assaulted the deceased has already been granted bail. I am not impressed by the submission advanced by the learned counsel for the petitioner since there is direct allegation against the petitioner of having fired at the deceased causing injuries in his abdominal region which as per the post-mortem report was the cause for the death. So far as co-accused Binay Kumar Singh is concerned, the allegation against him is of having fired at the deceased in the head region. Therefore, the case of the petitioner can easily be distinguished from that of co-accused, Binay Kumar Singh, who has - 2 - been enlarged on bail. The prayer for bail of the petitioner is accordingly rejected. P.S. (Abhijit Sinha,J)