IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38454 of 2009 RAHUL KUMAR @ RAHUL RANJAN @ RAHUL Versus STATE OF BIHAR ----------- 2. 19. 11. 2009. Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Petitioner is accused in Kotwali P.S. Case 266 of 2009 for the offences punishable under Sections 302, 120B of the Indian Penal Code as also Section 27 of the Arms Act. The allegation as set out in the F.I.R. is that some persons have gathered behind Shop No. 7 at the Income Tax round about and were consuming liquor and one of the them i.e. Rabi Rai shot at the deceased Bijay Kumar followed by another shot fired on his head by accused Shankar. It is alleged that subsequently this accused Rabi Rai was apprehended and he accepted that he had come to the place of occurrence on the motorcycle belonging to this petitioner and also stated that he made to stand this petitioner outside while he went inside. Learned counsel appearing on behalf of the petitioner submits that he is innocent and wrongly been roped in the present case and it has been admitted by accused Rabi Rai himself that while this petitioner was made to stand outside, he went inside and shot at the deceased Bijay Kumar. Learned counsel further submits that no allegation of any kind is set out against this petitioner and that merely because 2 accused Rabi Rai had come to the place of occurrence on the motorcycle belonging to the petitioner, he had been roped wrongly in the present case. Having regard to the facts and circumstances of the case, the petitioner, namely, Rahul Kumar @ Rahul Ranjan @ Rahul is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Patna, in connection with Kotwali P.S. Case No. 266 of 2009, subject to the condition that the petitioner would be attending the court below on each and every date fixed in the case and on failure to attend the court on two consecutive dates without reasonable explanation to the satisfaction of the court, the court below shall be at liberty to initiate proceeding for cancellation of his bail bond and for taking him in custody. SKBOSE (Jyoti Saran)