IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41327 of 2010 MD. MAKHBUL @ MD. MAKKO SON OF LATE MD. MANAF, RESIDENT OF VILLAGE CHANDA, P.S. CHOUSA, DISTRICT MADHEPURA. Versus STATE OF BIHAR ----------- 2. 12.1.2011. Heard learned counsel for the petitioner and the State. The sole petitioner, who is in custody in Puraini P.S. Case No.38 of 2009 for the offence under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act, has prayed for grant of bail. Learned counsel for the petitioner, while pressing the bail petition, submits that in the present case, only allegation against the petitioner is that he was an order giver. There is no allegation of firing opened by this petitioner. I have also heard learned Additional Public Prosecutor. In the F.I.R., there is specific allegation that this petitioner along with other two accused had opened fire on the nephew of the informant which hit him and thereafter, he died. Keeping in view the fact that there is direct allegation against the petitioner, the court is not inclined to extend the 2 N.H./ privilege of bail. Prayer for bail of the petitioner stands rejected. ( Rakesh Kumar,J.)