IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3108 of 2010 AJAY SHANKAR DAFTUAR @ MUNNA PRASAD Versus STATE OF BIHAR ----------- 5. 13.07.2010 Heard learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in a case registered under Section 307/34 of the Indian Penal Code. The case has been lodged by the police officer on the basis of information that someone has shot fire to the driver of the Maruti vehicle, as a result of which the vehicle got dashed with a water tank. It is submitted by learned counsel for the petitioner that in the investigation nothing has been found against the petitioner, though the petitioner was traveling with the victim in the car and the victim after recovery has filed a petition before the learned Court below, to the effect that the firing was made by someone else, as the petitioner and other who were sitting in the car are known to the victim, they have no hands in the said firing. It is further submitted that till date the statement of victim has not been recorded by the police. This contention of the petitioner has - 2 - not controverted by learned A.P.P. Learned A.P.P. however, submits that there are witnesses who supported the prosecution case to the effect that some sources disclosed that some dispute occurred in the car itself and the investigation is still pending. Considering the fact that the F.I.R. has been lodged on the basis of information gathered by the informant, the victim denies any hands of the petitioner in the occurrence, the investigating agency has not recorded any statement of the victim till date and the petitioner has no criminal antecedent, let the petitioner namely, Ajay Shankar Daftuar @ Munna Prasad, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, 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 learned C.J.M., in connection with Civil Lines (Gaya) P.S. Case No. 183 of 2009. Let the petitioner make correction in the prayer portion. S.S. (Dinesh Kumar Singh, J.)