IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11068 of 2011 Rahish Bind, S/O-Giro Bind Versus The State Of Bihar ----------- 05 01.07.2011 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is named in the first information report and as per prosecution case, on the alleged date of occurrence while the deceased was sleeping in his Verandah petitioner and other F.I.R. named accused persons went there and opened fire as a result of which deceased sustained fire arm injury and died then and there. The informant, who happens to be son of the deceased, claimed himself to be an eye-witness of the alleged occurrence and he states that it was petitioner who shot his father dead. It would appear from perusal of contents of the first information report that the informant woke up having heard the sound of firing and then he reached near the place of occurrence. It is an admitted position that the alleged occurrence took place in the midnight and there was no source of identification on the place of occurrence. Moreover, the deceased sustained altogether four gun shot injuries out of which injury nos. 1 and 2 are communicating to each other whereas there were two separate gun shot injuries. Furthermore, it is an admitted position that six persons are named in the first information report and as per prosecution case almost all the F.I.R. named accused persons were armed 2 with fire arms at the time of the alleged occurrence. So, it is very difficult to say as to which of the accused gave fatal blow to the deceased or which of the accused had fired first on the deceased. Moreover, three co-accused persons have already been granted privilege of bail by this Court. Therefore, considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge, Fast Track Court-II, Munger in connection with Sessions Trial No. 865 of 2010 arising out of Dharhara P.S. Case No. 92 of 2010. Shahzad ( Hemant Kumar Srivastava, J.)