IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6510 of 2008 AWADESH KAHAR Versus THE STATE OF BIHAR ----------- 02. 06.05.2008 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner is an accused for offences punishable under Sections 302 and 307 of the Indian Penal Code as well as Section 27 of the Arms Act. Learned counsel for the petitioner submits that FIR has been lodged by the informant who later died, but in the said FIR he had named only one person, namely Bhola Rai, as the person who shot him in his stomach due to which the informant fell down and his family members brought him to the hospital. Learned counsel for the petitioner further submits that petitioner is clearly not named in the FIR and he has been implicated on the basis of further statement, but even then no specific overt act has been alleged against the petitioner whereas the statement in the FIR does not leave any scope of implication of any person other than the named accused Bhola Rai. Learned counsel for the petitioner also avers that the petitioner is being tried to be implicated as an afterthought and he has got no criminal antecedent but is in custody since 27.10.2007. In the aforesaid facts and circumstances, this petition is allowed. Let petitioner Awadhesh Kahar be released on bail on furnishing bail bond of Rs.10,000.00 (rupees ten thousand) with - 2 - two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Bikramganj, Rohtas in connection with Karakat P.S.Case No.73 of 2007. sunil ( S.N.Hussain,J.)