IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8048 of 2008 MAHENDRA BIND Versus THE STATE OF BIHAR WITH Cr.Misc. No. 12809 of 2008 JAI RAM SINGH Versus THE STATE OF BIHAR --------- 4 02.05.2008 Heard learned counsel for the petitioner and learned counsel for the State. It appears that the petitioner had earlier moved this court along with one Lango Bind and Kare Bind through Cr.Misc. No. 4208 of 2007. Said application was disposed of by order dated 13.02.2007, a copy whereof is annexed as Annexure-1 to the petition. By the said order, Lango Bind was directed to be released on bail. However, prayer for bail of Kare Bind and this petitioner namely Mahendra Bind was rejected. It appears that subsequently Kare bind moved this court again for bail in Cr.Misc. No. 31621 of 2007 and his bail application was allowed vide order dated 31.07.2007. In the circumstances, this petitioner has also moved again for bail. Case is under Section 302/34/120B of the Indian Penal Code and 27 of the Arms Act. From - 2 - the FIR it appears that there is omnibus allegation against five persons to have resorted to firing upon the deceased from their respective fire arms. Against accused Indradeo Bind, it is specifically stated that he fired from Muscut upon the deceased which hit him on his neck. Against Kare Bind allegation is that he also fired from muscut which hit the deceased on his cheek. So far as allegation against the present petitioner is concerned, he is also said to have fired from muscut which is said to have hit the body of the deceased. So far as other two accused including Jai Ram Singh are concerned, there is a vague allegation that they also fired which hit the deceased. From the post mortem report, a copy whereof is annexed with Cr.Misc. No. 12809 of 2008 filed by Jai Ram singh, it appears that there were only two fire arm injuries on the deceased. The injury sustained by the deceased on his neck has been attributed to Indradeo Singh. Thus it appears that even if allegation of firing is there against petitioner Mahendra Bind, it is not clear as to which part of the body of the deceased it hit. He is said to be in custody - 3 - since 16.09.2006. Moreover, accused kare Bind whose bail application was rejected earlier by this court has been granted bail subsequently. In the circumstances, the application of petitioner Mahendra Bind is allowed. So far petitioner Jai Ram Singh is concerned, he has moved this Court for the first time in Cr.Misc. No. 12809 of 2008. There is omnibus allegation against him in the FIR of resorting to firing on the deceased without disclosing the particular part of the body on which firing by this petitioner is hit. This petitioner is in custody since 21.09.2006. In the circumstances, both the applications are allowed. Petitioner Mahendra Bind of Cr.Misc.No. 8048 of 2008 and petitioner Jai Ram Singh of Cr.Misc. No. 12809 of 2008 shall be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) each with to sureties of the like amount each to the satisfaction of Additonal Sessions Judge-III, Barh in P.S. Case No. 15 of 2006. Arvind/ (J. N. Singh, J.)