IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2852 of 2008 BITTU @ BITTU SAH Versus STATE OF BIHAR ----------- 03/ 12.05.2008 As prayed for, learned counsel for the petitioner is permitted to make necessary correction in the prayer portion of the petition with regard to sessions trial number and the court. Heard learned counsel for the petitioner and learned counsel for the State. Petitioner is an accused for offences punishable under sections 307/34 of the Penal Code and 27 of the Arms Act. Learned counsel for the petitioner submits that the informant had claimed that he along with Ramesh and grand son of Buttan Sao , namely Bittu had gone to Karbigahia (Patna), whereafter they went to Shitla Mandir and while they were returning both the said persons fired at him, due to which he sustained gun-shot injury on his neck. He further submits that according to the Doctor’s report, there is only one gun-shot injury although there are two wounds; one of entry and the other of exit and, there was nothing to show that two shots had hit the informant. Learned counsel for the petitioner also states that with regard to the same occurrence another first information report (Annexure 2) was lodged bearing Agam Kuan P.S. Case No.319 of 2003, which was recorded at Nalanda Medical College Hospital, Patna and in that case the informant had clearly stated that one Dinanath Paswan had shot at him with his pistol which hit his neck - 2 - Learned counsel for the petitioner also submits that, in fact, the informant is himself a criminal and he might have been shot at by his competitor or victim and he has falsely implicated the petitioner due to previous enmity as the petitioner has lodged a case against him earlier. He also states that the informant is a criminal and is presently lodged in Beur Jail. He also avers that the petitioner is in custody since 19.09.2007 although he has committed no offence. Considering the facts and circumstances, this petition for bail is allowed. Accordingly, let the sole petitioner, namely, Bittu alias Bittu Sah be admitted to bail on executing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned F.T.C. V, Patna, in connection with Sessions Trial No. 281 of 2008. MPS/ ( S. N. Hussain, J. )