IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35785 of 2009 DINESH RAM @ DINESH KUMAR S/O LATE YODHAN RAM @ AYODHYA RAM, RESIDENT OF VILL.- DHARMPUR, P.S.- KHAIRA, DISTT.- JAMUI… … … PETITIONER Versus THE STATE OF BIHAR … ..OPPOSITE PARTY For the Petitioner: Mr. Yogesh Chandra Verma, Sr. Adv. Mr. Jawed Aslam, Advocate For the State : Mr. R.P.S. Singh, A.P.P. For the Informant: Mr. Bharat Lal, Advocate ----------- 3 10.12.2009 Heard learned counsel for the petitioner, the State and the informant. The petitioner is an accused in a case registered under section 302 of the Indian Penal Code and section 27 of the Arms Act. As per the case, set out in the first information report, the deceased was sleeping in front of his house by the side of the road. The informant, who was sleeping inside the house, heard the sound of firing and came out and saw two persons standing near the cot of his father and one of them was the petitioner. It is stated in the first information report that thereafter the petitioner and the unknown person fled away upon a motor cycle. It was subsequently found by the informant that his father had died due to gun shot injury and two pellets were also found by him lying nearby. 2 It is submitted on behalf of the petitioner that there was enmity in between the father of the informant and the petitioner with regard to certain contract of community hall and fishery pond. It is further submitted that the informant has not stated in the first information report that the petitioner was armed with any weapon and he had only seen the petitioner and another person standing beside the cot of the father of the informant and both of them fled away. However, the story has been improved by the informant and in his further statement he has stated that the petitioner was armed with a pistol, which seems to be an afterthought. It is also stated that the informant had not seen the petitioner or anybody firing upon the deceased. Further submission is that the deceased was himself a notorious criminal and was made accused in two cases, viz. Khaira Police Station Case No. 62 of 1989 registered under sections 25 and 26 of the Arms Act and sections 3/4/5 of the Explosive Substance Act and Jamui Police Station Case No. 21 of 1989 registered under sections 302/201/34 of the Indian Penal Code, thus, he must be having many enemies and anybody could have killed him. The petitioner is stated to be in jail custody since 01.06.2009 when he voluntarily surrendered before the court concerned. 3 Learned counsel for the State submitted that the petitioner was seen fleeing away from the place of occurrence and the informant in his further statement has stated that the petitioner was also holding a gun. However, it has come during the course of investigation that the deceased was also having criminal record. Learned counsel for the informant submitted that the natural version of the occurrence has been given by the informant, who is son of the deceased, and it appears that due to sudden occurrence, the factum of accused Dinesh Ram, who is the petitioner in this application, holding pistol in his hand could not be incorporated in his statement. Having regard to the facts and circumstances of the case, I direct the abovenamed petitioner, Dinesh Ram alias Dinesh Kumar, to 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 Chief Judicial Magistrate, Jamui in KhairaPolice Station Case No. 78 of 2009. SC ( Dr. Ravi Ranjan, J.)