IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31150 of 2008 BHAGWAN PANDEY Versus THE STATE OF BIHAR For the Petitioner:- Mr. Shailesh Kr. Singh, Advocate For the Respondent:- Mr. Nawal Kishore Prasad, A.P.P. ----------- 3 5.8.2008 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner has been made accused under Sections 342, 307/34 of the Indian Penal Code. Allegation in the F.I.R. is that one Ramashish Tiwary along with two others, namely, Raja Tiwary and Lalesh Tiwary and also one Son-in-law of Ramashish Tiwary came to the house of informant. Ramashish Tiwary fired at the informant while Lalesh Tiwary and Raja Tiwary physically assaulted him. Learned counsel for the petitioner, submits that he is not named in the F.I.R. rather only one reference has come that one Son-in-law of Ramashish Tiwary was also there, but no specific allegation has been made against him in the F.I.R. He has falsely been implicated and made accused later on. Learned counsel for the petitioner further submits that Ramshish Tiwary who has allegedly fired, as per the First Information Report has been granted bail by this Court by an order dated 4.8.2004 passed in Cr. Misc. No. 20818 of 2004. He further states that another accused namely Lalesh Tiwary, who is also named in the F.I.R. has also been granted bail by this Court by an order dated 23.5.2005 passed in Cr. Misc. No. 17787 of 2005. It is submitted that the case of petitioner is on - 2 - better footing than the aforesaid co-accused persons who have already been granted bail. Petitioner is in Jail since 27.5.2008 as per paragraph-14 of the petition. Learned counsel for the State submits that though the petitioner has not fired, but as per allegation, when the informant fell down after sustaining fire arm injury, the petitioner stood on his chest and also pressed his neck by lathi. However, as per the counsel for petitioner, it is clearly stated in F.I.R. that one Raja Tiwary stood upon the chest and tried to press the neck of the informant by lathi. In the facts and circumstances of the case, I direct the petitioner, namely, Bhagwan Pandey, 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 Chief Judicial Magistrate, Aurangabad, in connection with Nabinagar P.S. Case No. 68 of 2001. P.K. (Dr. Ravi Ranjan,J.)