IN THE HIGH COURT OF JUDICATURE AT PATNA Cr Misc No 22224 of 2009 1 Sultan Mian 2 Mohammad Mian, sons of late Bhuteli Mian 3 Samsul Mian, son of Mohammad Mian, residents of Village - Chagraha, Naya Tola, P S - Sugauli, Dist - East Champaran -Petitioners Versus State of Bihar -Opposite Party ----------- 2 21.07.2009 Out of the 3 petitioners, 2 are brothers and one is son of petitioner No 2. They apprehend arrest in Harsidhi Police Station Case No 184 of 2003 instituted under Sections 307/34 of Indian Penal Code read with Section 27 of Arms Act. The informant gave his statement at Rajeshwar Nursing Home, Patna while under treatment to the Police Officer which was then forwarded to the concerned Police Station and registered as a case accordingly. It is alleged that the informant and the petitioners are in rival business as scrapped dealer. On the fateful day, it is alleged by the informant that while he was going with his brother on a motorcycle, he was shot by the petitioners in the abdomen. Police took up investigation. After detailed investigation, supervision and direction of the Superintendent of Police, ultimately Police filed final form in the shape of not sending petitioners up for trial. Police found that the informant was in fact shot by someone else whom he could not name. The implication of petitioners was false. There is a protest petition also pending in the Court below filed by the informant. The Court below has taken cognizance in the matter. Be that as it may, in the facts and circumstances of the case, the petitioners abovenamed, if they surrender before the Court below within 4 weeks from today, they shall be released on bail on each of 2 them furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Motihari, East Champaran in Harsidhi Police Station Case No 184 of 2003 subject to all conditions as laid down in Section 438 (2) of Criminal Procedure Code. M.E.H./ (Navaniti Prasad Singh)