IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40099 of 2008 RAM JATAN @ RAM JATAN PRASAD Versus STATE OF BIHAR ----------- 2. 21.10.2008 Heard Sri Birendra Kumar, Advocate for the petitioner, learned A.P.P. for the State and the learned counsel for the Informant. The petitioner is named in the FIR and the allegation is that three persons sitting on a motorcycle almost over took the vehicle driven by the informant on a highway and when the two wheeler was running parallel to the vehicle driven by the informant and on its left side. The man sitting in the rear of the three fired a shot, the informant ran for his life and also jumped into water and was still being fired at and was being warned of having reaped the consequences on account of having purchased enmity with the present petitioner. As may appear from the FIR itself the petitioner and the informant appear fighting with each other. The contention is that the petitioner is not alleged to have fired in spite of riding the same motorcycle. The further contention is that definite allegation is against an unknown person of firing shots. - 2 - The learned counsel appearing for the informant has submitted that the further statement of the informant indicates as if it was this petitioner who had fired and that there could be as many as six injuries reported by the doctor who attended on the informant. The further contention is that the petitioner and the informant had some quarrel on account of the petitioner having borrowed some money from the lady Sunita Devi and was not paying it up and the said Sunita Devi has also supported this fact. Be that as it may, going by the allegations made in the FIR this petitioner does not appear the person who had fired a shot. Might be that there had been a change in the prosecution story through further statement but that could make it a better case for bail. Let the above named petitioner be released from custody on furnishing bond of Rs.3,000/-(three thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate,Hilsa, Nalanda in Nalanda, Hilsa Chandi P.S.Case No.132 of 2008. B.Kr. ( Dharnidhar Jha, J. )