IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31344 of 2008 ASHUTOSH KUMAR PANDEY @ ASHUTOSH PANDEY, Son of Ramchandra Pandey, Resident of Village- Karhghar, P.S.- Karhghar, District- Rohtas :---- Petitioner. Versus STATE OF BIHAR:------Opposite Party ----------- For the petitioner :Mr. Ajay Kumar Thakur, Advocate. For the Opposite Party : Mr. Nitya Nand Tiwari, A.P.P. ==== 5. 04.12.2008. Heard learned counsel for the petitioner and the State. Petitioner is an accused in a case under Section 302 and other allied Sections of the Penal Code and Section 27 of the Arms Act. He is named in the First Information Report along with 24 others and is alleged to have opened fire causing injury on the chest of the deceased. It is, however, submitted on behalf of the petitioner that he is a constable in the C.R.P.F. and on the date of occurrence his both hands were fractured in a motorcycle accident and he was being treated in Sri Shiv Prasad Gupta, Government Hospital at Varansi, which fact has been confirmed not only by the C.R.P.F. authorities who accepted the joining of the petitioner but also by the superior police officers including the D.I.G., as is evident from paragraphs 5 and 9 of the supplementary case diary. As the factum of alibi has been found true by the authorities, I direct that petitioner, namely, Ashutosh Kumar Pandey @ Ashutosh Pandey be released on bail on furnishing bail bond of Rs. 5000/- (Five thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Rohtas in connection with Kargahar P.S.Case No. 03 of 2006. P.K.P. (V.N.Sinha,J.)