IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37880 of 2010 HIRA MAHTO @ HIRA LAL MAHTO, SON OF LATE VISHANDEO MAHTO Versus THE STATE OF BIHAR with Cr.Misc. No.37027 of 2010 DARBI MAHTON, SON OF LATE VISHANDEO MAHTO Versus STATE OF BIHAR ----------- 03 20.01.2011 Both the above stated Cr. Misc. Cases have arisen out of Nathnagar P.S. Case No.54 of 2010 registered under Sections 302, 120B, 147, 148, 149, 341, 379, 323/34 of the Indian Penal Code and 27 of the Arms Act and accordingly, both the above stated petitions are being disposed of by this common order. Allegedly, petitioners opened fire on the informant’s husband, as a result, of which informant’s husband sustained fire arm injury on his head and died then and there. The contention of learned counsel for the petitioners is that neither informant nor her son is eye-witness of the alleged occurrence because as per prosecution case itself, the informant’s son having seen the assault on his father, went to his house and informed his mother and thereafter informant reached to the place of occurrence. He pointed out that distance between the place of occurrence and house of the informant is about 3 Kms. He further submitted that in course of post mortem examination on the dead body of the deceased, only one fire arm injury has been found on the head of the deceased. So, it is not possible to fix the responsibility of aforesaid firing against any specific person. On the other hand, learned Public Prosecutor points out 2 that in course of investigation, witnesses vide paragraphs no. 7, 8 and 9, have supported the prosecution story. Although, petitioners are said to be main assailants and informant as well as her son have claimed to have seen the alleged occurrence but considering the post mortem report of the deceased as well as submissions advanced on behalf of the parties above named petitioners are directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bhagalpur in connection with above stated Nathnagar P.S. Case No. 54 of 2010. Shahzad (Hemant Kumar Srivastava, J)