IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3557 of 2011 1. LALLAN PANDEY 2. RAJU PANDEY @ RAJU KUMAR PANDEY. 3. BABLOO PANDEY. Versus THE STATE OF BIHAR ----------- 3 10.05.2011 Heard learned counsels for the petitioners and the informant. The petitioners are apprehending their arrest in a case registered under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act. The accusation is that on hearing gunshot firing, the informant woke up and saw one person running away in western side in the street, subsequently, the petitioner from stepping sounds gathered that there were two to three accused persons and thereafter he again slept but in the morning at 5 O'clock when he got up and removed the bed sheet then he found his brother dead having gunshot injury. The petitioners have been named on the suspicion since, the deceased was step-uncle of the petitioners and the deceased transferred all his properties to the grand-son of the informant since he was issueless it is also 2 alleged that the petitioners used to threaten. It is submitted by learned counsel for the State and the informant that in paragraphs 12, 20 and 23 of the case diary, all the witnesses being the family members of the informant claimed to be the eyewitnesses of the occurrence. There is no reason for the family members not to raise alarm when the occurrence took place and name the petitioners with specific accusation in the F.I.R. Admittedly, after the gunshot firing, the informant woke up and slept again and in the morning he found the victim with gunshot injury. Hence, the submission of these eyewitnesses appears to be tutored and subsequently, developed. Considering the background of the property dispute between the parties, let the above named petitioners, be released on anticipatory bail, in the event of their arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Buxar in connection with Buxar (Muffasil) P.S. Case 3 No. 158/2010, subject to the conditions as laid down under Section 438(2) Cr.P.C. Amrendra/- (Dinesh Kumar Singh, J.)