IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21572 of 2009 1.DHARMENDRA KUMAR SINGH 2.SUDARSHAN KUMAR SINGH Both are S/O-Late Rajeshwar Singh, R/O-Vill/Moh.-Gitaghat, Ashram (Fajalganj), P.S.-Sasaram, Dist.-Rohtas. ………………………………..Petitioners. Versus THE STATE OF BIHAR .………………………………..Opposite Party. ----------- 4/ 14.09.2009 Heard Mr. Sanjay Kumar @ Monu, learned Counsel for the petitioners, Mr. Rajani Kant Pandey, learned Counsel for the informant and learned APP appearing on behalf of the State. The petitioners are full brothers and they are accused of the case which has been registered under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act. Allegation is that these two petitioners and one Koushalendra Singh fired upon which caused three injuries to the informant’s elder brother who was stabbed also. Submission is that for the same occurrence a Complaint Case was filed and that gives the correct version of the occurrence, according to the Complaint Case the occurrence has taken place in a different manner. The post-mortem report belies the prosecution version. The falsity 2 of the case is apparent from the fact that one Koushalendra Singh who is a juvenile was described as one of the assailants of the deceased. Learned Counsel appearing on behalf of the informant has opposed the prayer for bail of the petitioner. As per First Information Report, the informant is a witness of the occurrence and the Complaint Case has been filed after the registration of the First Information Report. The petitioners were described as the assailant and the corresponding injuries have been found in course of the post-mortem examination. Considering the facts and circumstances of the case, prayer for bail of the above named petitioners is rejected. kksinha/- ( Shyam Kishore Sharma, J. )