IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5662 of 2011 RANJEET MISHRA s/o Jaychand Mishra, resident of village- Phulwariya, P.S. Phulwariya, District- Begusarai. Versus THE STATE OF BIHAR . ----------- 2 24.3.2011 The petitioner is in custody in relation to Phulwariya P.S.Case no. 10 of 2010 instituted under Section 302/34 of the Indian Penal Code read with Section 27 of the Arms Act. In the FIR it is alleged that when the informant’s brother was reached near the home in the night , the petitioner along with three other persons surrounded him and shot him. Learned counsel for the petitioner draws attention of this Court to the fact that the informant had not seen the occurrence. The informant in the FIR itself disclosed that the name of the petitioner and another were disclosed by two persons, who were there. It is submitted that those two persons are not even the resident of locality and , in fact, are the very persons against whom the petitioner had earlier lodged an FIR and they had been charge sheeted. He further points out that the FIR was registered after much delay and the name of the petitioner was not disclosed even when the inquest was being prepared nor the name of the aforesaid two persons, who disclosed the name of the petitioner, disclosed in the inquest report, which was prepared earlier in presence of the informant. It is thus submitted that the petitioner has falsely been implicated in this case because of series of litigations between the two 2 families. In the facts and circumstances of the case, let above named petitioner 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 Chief Judicial Magistrate, Begusarai in Phulwariya P.S.Case no. 10 of 2010. Singh ( Navaniti Prasad Singh, J.)