IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.4638 of 2011 Ram Dayal Rai, Son of Late Sita Rai, R/o-Vill.-Raghopur-Purbi, P.S.-Guraonpur, District-Vaishali. –Petitioner. VERSUS The State of Bihar -Opposite Party. ----------- 02 23.02.2011 The petitioner is in custody in relation to Raghopur P.S. Case No.95 of 2010 instituted under Section 307/34 and other sections of the Indian Penal Code. It is alleged that when the informant and his brother were returning in the night after closing the shop, they were surrounded by four persons. When the petitioner tried to defend himself with lathi one of them shot the petitioner hurting the petitioner. Informant and his brother raised hulla and villagers assembled there and started searching the miscreants. He had seen a person and tried to catch him. He escaped and hide himself in a house of another villager. When the house was surrounded by the villagers, the petitioner was caught and handed over to the police. Learned counsel for the petitioner states that petitioner is innocent and is the resident of the same village. If the petitioner was seen by the informant, the informant should have named the petitioner at the very first instance. It is further submitted that no where in the F.I.R. it is alleged that it was the person who has shot the informant. Be that as it may, let the petitioner above-named - 2 - be released on bail on furnishing a bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of like amount each to the satisfaction of the C.J.M., Vaishali at Hajipur in connection with Raghopur P.S. Case No.95 of 2010. Trivedi/ (Navaniti Prasad Singh, J.)