IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36573 of 2009 1. BHARAT SINGH Son of Gauri Shankar Singh 2. Kaushal Singh, Son of Shivji Singh Both residents of Village-Newri, P.S. Runnisaidpur, District- Sitamarhi ---------------- Petitioners Versus STATE OF BIHAR ----------- 05 03-03-2010 Heard Mr. Anil Kumar, learned counsel for the petitioners, learned counsel for the informant and the learned A.P.P. for the State. The petitioners are accused in Runnisaidpur P.S. Case No.254 of 2008 for offences under Section 302 of the Indian Penal Code and 27 of the Arms Act. While pressing the bail petition, learned counsel for the petitioners submits that in the F.I.R. itself the informant has categorically stated that while his brother was sleeping in the house in the night, occurrence took place and someone fired on his brother. The informant did not say regarding the involvement of these petitioners or named anyone as accused in the case. Subsequently, during investigation the informant filed a complaint before the police officer and he alleged that he had seen the occurrence - 2 - and he had also identified these petitioners besides one another accused. Case diary was called for. From the case diary it appears that after recording F.I.R. further statement of this informant was also recorded and during his further statement he again reiterated the same stand which he had taken in the F.I.R. Learned counsel for the petitioners submits that subsequent to the filing of the F.I.R. it appears that due to some ulterior reason the names of the petitioners have been brought in the present case and, as such, he submits that the petitioners are entitled to be released on bail. Without going into the merit of the case, let the petitioners named above be released on bail on furnishing bail bond of Rs.10, 000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Sitamarhi in connection with Runnisaidpur P.S. Case No.254 of 2008. NKS/- ( Rakesh Kumar, J)