IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.46077 of 2009 MANOJ KAHAR, SON OF RAM PRAVESH KAHAR, RESIDENT OF VILLAGE- TIWARIDIH, POLICE STATION-AKORHIGOLA, DISTRICT-ROHTAS. …..Petitioner. Versus THE STATE OF BIHAR …..Opposite Party. WITH Cr.Misc. No.42816 of 2009 BUCHAN TIWARI, SON OF GANGA TIWARI, RESIDENT OF VILLAGE-TIWAIDIH, POLICE STATION – AKORHIGOLA, DISTRICT-ROHTAS AT SASARAM. …..Petitioner. Versus THE STATE OF BIHAR …..Opposite Party. WITH Cr.Misc. No.43475 of 2009 1. RAMA NAND TIWARI, SON OF LATE BUCHI TIWARI. 2. JHUNI TIWARI @ MUNNI TIWARI, SON OF RAMA NAND TIWARI, BOTH THE RESIDENT OF VILLAGE – TIWARIDIH, P.S.-AKORIGOLA, DISTT.-ROHTAS. …..Petitioners. Versus THE STATE OF BIHAR …..Opposite Party. ----------- 02/ 14.01.2010 Since all the three above bail applications have arisen out of one occurrence, heard together and are being disposed of by this common order. The First Information Report was under Section 307 and some other Sections of the Indian Penal Code and Section 27 of the Arms Act and on 12.02.2009 after death Section 302 of the Indian Penal Code was added. The informant Sri Dut Tiwari has alleged that his uncle Raghupati Tiwari had been to depose in a case of theft of Tractor. In that case, he was threatened 2 against giving depositions. The informant’s uncle was returning and at about 08.30 P.M. he was fired upon. The informant stated that he was not in a position to make any statement. Later on, the victim was brought to Varanasi for treatment but he died. Submission is that according to Paragraph Nos. 11, 12, 13 and 14 of the case diary all these witnesses have stated that he was fired by two persons but he has not named any of the assailants. Two witnesses have recorded in Paragraphs-37 and 38 of the case diary in which they have stated that before them the victim has named two persons. Prayer for bail of all the petitioners has been opposed by learned Counsel appearing on behalf of the informant who has stated that in the dying declaration the victim has named two persons. Many persons have stated that they were present when the victim was uttering something and the victim was not naming anybody at initial stage. Considering the facts and circumstances of the case, the above named 3 petitioners are directed to be released from custody on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Rohtas at Sasaram/concerned court in connection with Darihat P.S. Case No. 1 of 2009. kksinha/ ( Shyam Kishore Sharma, J.)