IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16260 of 2009 MANISH SHARMA, son of Late-Ranjeet Singh, resident of village Kali Fatehpur, P.S.-Belaganj, District-Gaya. ……..Petitioner Versus The State Of Bihar ………Opposite Party. ----------- 02. 22.05.2009 The petitioner is in custody since 05.02.2009 in relation to Belaganj P.S. Case No. 79 of 2001 instituted under Section 302, 452/ 34 of the Indian Penal Code and 27 of the Arms Act. The petitioner alleges that in the night on 09.07.2001 while it was raining and he was listening to Radio, four to five unknown persons entered into his house and shot his son and then escaped. F.I.R was lodged against unknown persons. He further alleged that in subsequent investigation, some of the neighbors have named the petitioner as one of the miscreants who was seen running away. Petitioner submits that this is unusual because if the neighbors had heard gunshot and come out to see what was happened and was able to identify the persons, they ought to disclose the name immediately to the informant or soon thereafter but the names were disclosed long later. However undisputedly though charge-sheet has - 2 - been filed, petitioner has not been put on Test Identification Parade. Considering the facts and circumstances stated above, let the petitioner namely Manish Sharma is directed to be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Gaya in connection with Belaganj P.S. Case No. 79 of 2001. Shageer (Navaniti Prasad Singh, J.)