IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.853 of 2010 1. JYOTI @ JYOTISH MANDAL , Son of Ganesh Mandal 2. Subhash @ Subha Mandal @ Subhash Mandal, Both residents of Village- Ismailpur, P.S. Ismailpur, District- Bhagalpur Versus STATE OF BIHAR with Cr.Misc. No.43500 of 2009 PRAMOD MANDAL, Son of Late Pitamber Mandal, resident of Village- Meghal Tola, P.S. Ismailpur, District- Bhagalpur Versus STATE OF BIHAR ----------- 03 24-02-2010 Both the bail applications arise out of the same F.I.R. and the same are being disposed of by this common order. Heard Mr. Krishna Pd. Singh, learned Sr. counsel for the petitioners and the learned A.P.P. for the State. The Petitioners are in custody in connection with Ismailpur P.S. Case No.66 of 2009 for offence under Sections 302/34 of the Indian Penal Code and 27 of the Arms Act. The allegations against the petitioners , as per the informant, is that while the informant along with the deceased was coming after supervising the site relating to - 2 - some contract works on motorcycle, which was being driven by the deceased , at about 7.00 in the evening three accused persons ( petitioners) came from the side of the road and started indiscriminate firing ,causing fire arm injury to the deceased and on way for treatment he succumbed to his injuries. The informant some how saved his life and fled away. On this allegation the F.I.R. was lodged and case has been investigated. Subsequently chargesheet has been submitted. While pressing bail application, learned Senior Counsel submitted that it is improbable that while the informant was on a motorcycle and indiscriminate firing was made by all the three accused persons, there was nothing to suggest how the informant did not receive any injury. He also doubts the identification of petitioners. From perusal of the case diary it appears that the deceased was having criminal cases. From the materials available on the record, it is difficult to come to the conclusion as to whose firing hit the deceased. It was a case of indiscriminate firing. It also appears that the police had received some information that the occurrence had taken - 3 - place and thereafter police rushed to the place of occurrence and fardbeyan of the informant was recorded in hospital. Without going into the merit of the case, let the petitioners named above be released on bail on furnishing bail bond of Rs.10,000/-( ten thousand) each with two sureties of the like amount each to the satisfaction of Addl. Chief Judicial Magistrate, Naugachia , in connection with Ismailpur Case No. 66 of 2009. NKS/- (Rakesh Kumar,J)