IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18417 of 2009 JANARDAN SHARMA son of Tarni Sharma, resident of village- Bathnaha, P.S.- Barhara ( Raghubans Nagar) District- Purnia. Versus STATE OF BIHAR ----------- 4 12.10.2009 Heard learned counsel for the petitioner and learned counsel for the State. The offence alleged is under sections 302 & 34 of the Indian Penal Code and section 27 of the Arms Act. It has been submitted on behalf of the petitioner that the petitioner is a named accused and the allegation against him is of firing on the deceased which led to his death, however during course of investigation the informant as also her son who are alleged to be present there in their statement before the police have given their statement which varies from the statement in the first information report since the informant during re-statement submits that there were some assault by the hard cutting weapon whereas the son of the informant has stated that five number of firing were made by the petitioner. It is further submitted that the post mortem report does not reveal such number of fire arm injuries. Learned counsel appearing for the informant opposes the prayer for bail and submits that there is specific allegation against this petitioner of firing which led to the death of the deceased. Learned Addl. P.P. appearing for the State on perusal of the case diary submits that the son of the informant has stated that five numbers of firing were made by the petitioner whereas the informant has alleged that other accused persons had fled away making firing. In the facts and circumstances of the case, it is directed that let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Purnia, in connection with Barhara (Raghubans Nagar) P.S. Case No. 175 of 2008. Manish/- (Shailesh Kumar Sinha,J.)