IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15159 of 2009 PINTU KUMAR Versus STATE OF BIHAR ----------- 03. 18.05.2009 Heard learned counsel for the petitioner and learned counsel for the State. This petition for bail has been filed by the petitioner, who is an accused for offences punishable under Sections 302, 380 and 34 of the Indian Penal Code. Learned counsel for the petitioner submits that the alleged occurrence had admittedly taken place due to land dispute and also due to the killing of Nityanand, the father of one of the co-accused Krit Vijay Mehta by the deceased of the instant case and other family members. Learned counsel for the petitioner further states that in the F.I.R. four persons, including the petitioner, have been specifically named for firing upon the deceased, whereas in her further statement the informant had categorically stated that there were five persons, including the petitioner, who had fired at the deceased, but the postmortem report shows that four injuries were found on the body of the deceased, out of which injury nos. (i) and (iv) were communicative injuries, hence he says that only three shot appears to have hit the deceased. Learned counsel for the petitioner also avers that one of the co-accused persons, who is said to have fired at the deceased, namely Tuntun Mehta has already been enlarged on bail on the orders of this court. Learned counsel for the petitioner further submits that the entire allegation against the - 2 - petitioner is false and frivolous and, in fact, the deceased himself had criminal antecedents and petitioner has got no criminal antecedents. Learned counsel for the petitioner also contends that petitioner is in custody since April, 2008. Considering the facts and circumstances of this case as well as the arguments of the parties, this petition is allowed. Let petitioner, namely Pintu Kumar, be released on bail on furnishing bail bonds of Rs.10,000.00 (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea, in connection with Dhamdaha P.S.Case No.164 of 2007. Sunil (S. N. Hussain, J.)