IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37441 of 2010 AVNISH KUMAR @ BHOLA Versus STATE OF BIHAR with Cr.Misc. No.37546 of 2010 BRIJ BIHARI SINGH @ NAMAN Versus SATTE OF BIHAR ----------- 02. 07.10.2010 Heard the learned counsel for the petitioner and learned A.P.P. for the State. The petitioners, Avnish Kumar @ Bhola and Brij Bihari Singh @ Naman are in custody since 08.06.2010 in connection with Agamkuan P.S. Case No. 110 of 2010 under Sections 302/34, 120-B of the Indian Penal Code and 27 of the Arms Act. According to F.I.R., the informant, Ram Narayan Mishra alleged that there was marriage in the house of Sudama Choudhary. His nephew, Gunjan Kumar had gone there along with his friends including these petitioners. They were taking meal there. At about 11 P.M., he saw that some persons dragged Gunjan Kumar and thereafter, subsequently, he learnt that Gunjan Kumar had sustained fire-arm injury then he was taken to Rajeshwar Hospital, where he died. The learned counsel for the petitioner submitted that in fact, these petitioners are friends of Gunjan Kumar and they were eating together in the Barati party. The learned counsel further submitted that 2 in fact, there was blank firing at the time of reception of the Barat party and while that blank firing was going on, deceased, Gunjan Kumar received fire-arm injury and these petitioners took him to hospital where he died. On the other hand, the learned A.P.P. objected the prayer for bail. From perusal of the rejection order, it appears that the only evidence against these petitioners is that they had gone to attend marriage with the deceased. Except this, there is nothing against the petitioner. Considering the above facts and circumstances, I direct that the petitioners named above to be released on bail on furnishing bail bond of Rs. 10,000(Rs. Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Court of learned Additional Chief Judicial Magistrate, Patna City in Agamkuan P.S. Case No. 110 of 2010. Saurabh ( Mungeshwar Sahoo, J.)