IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.264 of 2010 RAM VINAY SHARMA, son of late Bilas Singh, Resident of village Samsara, P.S. Belaganj(Paibigha), District Gaya … Petitioner Versus THE STATE OF BIHAR …. Opposite Party ----------- For the petitioner : Mr. Akhileshwar Pd. Singh, Advocate Mr. Vikas Kumar, Advocate For the State : Mr. Uma Shankar Pd. Singh, A.P.P. ---- 3 09.03.2010 Heard learned counsel for the petitioner and the State. The petitioner is an accused in a case registered under section 302/34 of the Indian Penal Code and section 27 of the Arms Act. Allegation, as set up in the first information, is that the petitioner along with another co-accused, namely, Amaresh Sharma as well as one unknown person had fired at the deceased, who is brother of the informant, causing his death. However, it is submitted that the unknown accused person could not be traced out during the course of investigation and after separation of the trial, the co-accused Amaresh Sharma has been acquitted vide annexure 2, which is judgment and order dated 28.09.2004 in Sessions Trial No. 41/2003. It is further submitted that the charges could 2 not be proved against the aforesaid accused and the informant has not supported the prosecution case. It is further contended that it would be evident from the first information report that the petitioner’s case is on similar footing to that of other accused persons. The petitioner is stated to be in custody since 18.09.2009. Considering the facts and circumstances of the case, I direct the abovenamed petitioner, Ram Vinay Sharma, 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, Jehanabad in Makhdumpur Police Station Case No. 125 of 2002. SC (Dr. Ravi Ranjan, J.)