IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1152 of 2011 KASHI ROY Versus THE STATE OF BIHAR ----------- 04/ 17.05.2011 Heard learned counsel for the petitioner as well as learned Addl. P.P. for the State. Petitioner is named in the first information report but it is not specific in the first information report that it was the petitioner who opened fire on the deceased. It appears that subsequently, after two days of the alleged occurrence when the statements of the co- villagers of the petitioner were recorded they stated that it was the petitioner who opened fire causing fire arm injury to the deceased. The contention of the learned counsel for the petitioner is that according to the prosecution case itself more than hundred persons had assembled having fire arms in their hands and someone from the aforesaid mob had opened fire as a result of which the deceased susrtained fire arm injury. He further submits that had the petitioner fired he must have been named by the co-villagers at the time of recording fardbeyan of the informant. Taking into consideration the above stated facts and circumstances as well as submissions of the parties, let the petitioner, Kashi Roy, be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Rohtas at Sasaram in Sasaram (M) P.S. Case no. 160/2009. shahid (Hemant Kumar Srivastava,J)