IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21449 of 2008 Chintu @ Chintu Kumar son of Sri Tuntun Choudhary, resident of Mohalla Kalyanpur P.S. Fathuha, District- Patna …………. Petitioner. Versus THE STATE OF BIHAR ……….. Opp.Party. ----------- 4/ 01-10-2008 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner is an accused for offence punishable under sections 307/34 of the Penal Code as well as section 27 of the Arms Act to which section 302 of the Penal Code was subsequently added. Learned counsel for the petitioner submits that although the allegation is that the deceased Raju Sah in his ferdbeyan had stated that this petitioner along with two other accused persons took him to the Kataya Ghat whereafter this petitioner fired from his pistol upon the deceased, but the said allegation is absolutely false as the mother of the deceased herself stated in her statement before police that the deceased had never made any such statement and the ferdbeyan was not in the hand-writing of the deceased and the thumb impression was also vague and unascertainable. Learned counsel for the petitioner further submits that from the F.I.R. itself it would be apparent that the occupation of the deceased was shown as “loot-paat” and hence he must have been injured in some such activities and the petitioner has been falsely implicated and his sister has also been maligned . Learned counsel for the petitioner further submits that the petitioner has remained in custody for more than two years although he has got clean antecedent. Considering the facts and circumstances of the case, this petition for bail is allowed. Accordingly, let the petitioner, namely, Chintu @ - 2 - Chintu Kumar, be admitted to bail on executing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of 6th Addl. Sessions Judge, Patna in connection with S.Tr. No. 445 of 2008 arising out of Fathuha P.S.Case No. 166 of 2006. B.Tiwary/ (S.N Hussain,J)