IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42144 of 2009 RAM AWADHESH SINGH @ AWADHESH SINGH, Son of Late Sita Ram Singh, resident of Village- Chaurashani, Police Station- Udwant Nagar, District-Bhojpur.......Petitioner. Versus THE STATE OF BIHAR...............................Opposite Party. ----------- 02. 10.12.2009. Heard learned counsel appearing on behalf of the petitioner, learned counsel appearing on behalf of the informant and learned counsel appearing on behalf of the State. The petitioner is an accused in a case arising from Udwant Nagar(Gajraj Ganj) P.S. Case No. 85 of 2008 for offences punishable under Sections 302/34 of the Indian Penal Code. Substance of allegation as set out in the First Information Report is that this petitioner being a member of the Barati made firing towards the roof of the informant knowingly and which firing hit his 08 years old son in his head and the son died during the course of treatment. Learned counsel appearing on behalf of the petitioner submits that enmity between the two sides is admitted and that the allegation is not correct for the reason that the post mortem report which is placed at annexure-2 of the bail application clearly indicates that the entry wound on right perital region of head is above right ear and the exit wound is below the left side of the face. He thus submits that if any person fired from ground level it can not cause such type of injury and he has been wrongfully roped in the present case and that he himself 2 has suffered one gun shot injury by reason of firing by the informant of the present case and for which another case has been instituted. Having regard to the facts and circumstances set forth, let petitioner Ram Awadhesh Singh @ Awadhesh Singh 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 learned C.J.M., Bhojpur at Ara in connection with Udwant Nagar ( GajrajGanj ) P.S. Case No. 85 of 2008. U.K. (Jyoti Saran,J)