IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15760 of 2011 Pachasa Koeri Versus The State Of Bihar ----------- 4 27-07-2011 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the state. Petitioner is in custody since 12.05.2010 in a case registered under sections-302/34, 120B of the Indian Penal Code and 27 of the Arms Act. As per prosecution case, the petitioner opened fire on informant’s son as a result of which, the informant’s son died then and there. The informant, claimed himself to be an eye witness of the alleged occurrence and stated that before his death, his son was being assaulted by three FIR named accused persons. It would appear from the record as well as case diary that in course of investigation, the statement of wife of the deceased was recorded under section-164 of the Cr.P.C. in which she too claimed herself to be an eye witness of the alleged occurrence and she sated that seven persons including the petitioner assaulted her husband. She also stated that the petitioner as well as one co-accused, Dharmendra Kumar opened fire on her husband as a result of which, her husband died. She specifically stated that co-accused; Dharmendra Kumar opened fire which hit at the head of her husband whereas the firing of this petitioner hit on the neck of her husband. 2 The contention of learned counsel for the petitioner is that the prosecution has come with two versions and there is contradiction in between the statement of informant and deceased’s wife and having similar allegation, one co-accused, Dharmendra Kumar has already been granted privilege of bail though his name has not been figured in first information report. On the otherhand, learned Addl. Public Prosecutor appearing for the state fairly conceded this fact that no fire-arm injury was found on the neck of the deceased. Taking into consideration the aforesaid facts and circumstances as well as submission of the parties, let the petitioner, namely, Pachasa Koeri be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each in connection with Danapur P.S. Case No. 137 of 2010 to the satisfaction of Additional Chief Judicial Magistrate, Danapur, Patna. AKV/- ( Hemant Kumar Srivastava,J.)