IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23888 of 2010 MD.GULO, son of Late Md. Raseed, resident of village – Mirzapur Bardah, P.S. – Mufassil, District – Munger. ---------------- Petitioner. Versus THE STATE OF BIHAR ------ Opposite Party. with Cr.Misc. No.28247 of 2010 MD.BIRO @ SHAMSER @ SAMSAR, son of Late Md. Raseed, resident of village – Mirzapur Bardah, P.S. – Mufassil, District – Munger. --------------- Petitioner. Versus THE STATE OF BIHAR ---- Opposite Party. ------- 02. 20.09.2010 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. Petitioners are named accused in connection with Muffassil P.S. Case No. 168 of 2009 for offences under sections 307, 324, 504, 34 of the Indian Penal Code and 27 of the Arms Act, pending in the court of Chief Judicial Magistrate, Munger, carry allegation of arriving at the place of informant with other associates well armed and at the dictates of petitioner Md. Biro @ Samser @ Samsar his brother, another petitioner Md. Gulo shot at the informant at his chest. As it appears from order of learned Sessions Judge that fire arm injury on the chest of the informant remained uncontroverted. Though, there appears an affidavit filed on behalf of the informant that under some misconception he named the accused persons including the petitioners, this is also an example of tempering evidence and there is also land dispute. Considering the facts and circumstances, I do not find a fit case wherein the petitioners may be granted the - 2 - privilege. In case of surrender of the petitioner, their prayer may be considered on its own merit without being prejudiced of the instant order. Accordingly, this application stands dismissed. Rajeev/ (Akhilesh Chandra, J.)