IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45534 of 2009 SANJAY SINGH, SON OF LATE SIDHI SARAN SINGH, RESIDENT OF VILLAGE-KOTWARA, P.S.- RAFIGANJ, DISTRICT-AURANGABAD. …..Petitioner. Versus THE STATE OF BIHAR …..Opposite Party. For the Petitioner : Mr. Kamlendra Pd. Singh (Adv.) For the State : Mr. C. Jawahar (APP) ----------- 03/ 28.04.2010 Heard learned Counsel for the petitioner and learned Counsel for the State. A supplementary affidavit containing the deposition of P.W. 2, statement of P.W. 1 and Xerox copy of post-mortem examination report has been filed. The petitioner’s prayer for bail has been refused earlier on 18.05.2009 considering the allegation in the First Information Report that initial information was given by Madho Paswan (P.W. 2) that it is the petitioner who has shot dead the deceased. Submission is that P.W. 2 in his evidence has stated that the deceased was fired upon five times but the post-mortem report belies the allegation as leveled in the First Information Report and so, it is apparent that P.W. 2 is not a eye witness. Other contradictions have also been pointed out. 2 As per allegation in the First Information Report and also the evidence of P.W. 2, it is the petitioner who has given fatal blow considering this, his prayer for bail was rejected twice earlier. Considering the facts and circumstances of the case, I am not inclined to grant bail to the above named petitioner. Accordingly, his prayer for bail is rejected. However, considering the fact that the petitioner is in custody since 04.05.2007, the trial court is directed to expedite the trial. kksinha/ (Shyam Kishore Sharma, J.)