IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.56042 of 2007 ANJANI KUMAR SINHA Versus STATE OF BIHAR -With- Cr.Misc.No.14811 of 2008 BHAGDEO RAI AND ANOTHER Versus THE STATE OF BIHAR -With- Cr.Misc.No.10766 of 2008 RAJEEV RAI Versus THE STATE OF BIHAR ----------- 3 2.5.2008 Heard the learned counsel for the petitioners and counsel appearing on behalf of the State. The petitioners are accused in a case under Section 302 and other Sections of the Indian Penal Code. The First Information Report has been instituted by one Gauri Shankar Paswan who has stated that his son Ram Pukar Paswan was hostile towards Anjani Kumar Sinha because of a case instituted by Anjani Kumar Sinha under Section 307 of the Indian Penal Code. When he returned to his village he was called by Bhagdeo Rai, Rajeev Rai, and Surendra Rai(petitioners) and the deceased accompanied the aforesaid three persons. At about 11.45 A.M., the informant heard the sound of firing from the „Bandh‟. On going to the place of occurrence, he found that his son was dead. He was told by some of the villagers that Arvind Rai and Doman Rai have fired on the deceased. During the investigation, three witnesses, namely, Amar - 2 - Nath Paswan , Ranjeet Rai and Sanjeev Paswan have stated that when they heard the sound of firing they ran towards the “Bandh”and they saw that Bhagdeo Rai, Rajeev Rai, Surendra Rai, Arvind Rai, Doman Rai and Anil Rai were fleeing away from the place of the occurrence. It has been alleged that the said murder has been committed on the behest of Anjani Kumar Sinha. The petitioner Anjani Kumar Sinha is in custody since 27.8.2007 and other petitioners i.e.,Bhagdeo Rai, Surendra Rai and Rajeev Rai are in custody since 10.9.2007. Learned counsel for the petitioners submits that no body has seen the actual firing or the manner in which the injuries have been inflicted on the deceased. It is also submitted that the witnesses have not stated as to weapons carried by the persons fleeing away immediately after the occurrence. However, considering the fact that as many as three witnesses have named these petitioners (except Anjani Kumar Sinha) and have stated that they were fleeing away from the place of occurrence, immediately after the sound of firing was heard is sufficient evidence for the purpose of rejecting the bail application of the petitioners. So far the case of Anjani kumar Sinha is concerned, there is no direct evidence against him to say that he was present at the place of occurrence. The only material that has come against him is that he was the person behind the entire episode. Considering all these facts, the bail application of all the - 3 - petitioners except Anjani Kumar Sinha is rejected for the present. I, accordingly, direct that Anjani Kumar Sinha should 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, Hajipur in connection with Bidupur P. S. Case No.347 of 2006 with the condition that the petitioner must co-operate with the court during pendency of this Court. U.K. (Sheema Ali Khan,J)