IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3868 of 2008 SOHRAI YADAV Versus THE STATE OF BIHAR For the petitioner:- Mr. Amaresh Kr. Singh, Advocate For the Respondent:- Mr. C.Jawahar, A.P.P. ----------- 4 12.8.2008 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner has been made accused under Sections 302/34, 307 of the Indian Penal Code and 27 of the Arms Act. Nine persons including the petitioner have been named in the F.I.R. Allegation is that all the accused persons including the petitioner assembled with fire arm and started firing, causing injury upon Geeta Kumari, Bindu Yadav and Bhukhali Kumari (daughter of the informant). Bhukhali Kumari died on spot. Learned counsel for the petitioner submits that as per the F.I.R. there is no specific allegation of firing upon the petitioner. However, during the course of investigation the informant in his further statement as well as some other witnesses have specifically alleged firing by the petitioner as well as co-accused Raju Yadav, which is an after thought. Learned counsel for the petitioner further submits that Nageshwar Yadav, who has been examined under Section 161 Cr.P.C. has allegedly stated that Raju Yadav and Sohrai Yadav have fired whereas while being examined as witness he has clearly stated that he has not seen who has actually fired. He further submits that one of the co-accused namely Baran Yadav has already been granted bail by a Bench of this Court by order 2 dated 17.12.2007 passed in Cr. Misc. No. 46197 of 2007. He further submits that the petitioner is in Jail since 11.6.2007. Learned counsel for the State submits that by order dated 7th December, 2007 of course Baran Yadav has been granted bail by this Court. But it is clear from the order that overt act of firing has been found only against co-accused namely, Raju Yadav and Sohrai Yadav as per the subsequent statement of the informant. From the submission of the petitioner itself, it is apparent that the trial is going on and one witness on behalf of the prosecution has already been examined. In the facts and circumstances of the case, I am not inclined to grant bail to the petitioner namely, Sohrai Yadav, in Jehanabad P.S. Case No. 140 of 2007, corresponding to Sessions Trial No. 79 of 2007. Prayer for bail is rejected at this stage. Trial court is directed to expedite the trial P.K. (Dr. Ravi Ranjan, J.)