IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19839 of 2009 AMIT KUMAR son of Shankar Sah, resident of Mohalla Madhopur, P. S. Kotwali, District Munger. ...Petitioner Versus STATE OF BIHAR ..Opposite party With Cr.Misc. No.20883 of 2009 NAWNEET KUMAR @ CHUNNU son of Sri Bishnudeo Sahu @ Sah, resident of village- Northern Hazipur, P. S. Chitragupta Nagar, District- Khagaria. ...Petitioner Versus STATE OF BIHAR ... Opposite party ----------- 02. 11.06.2009. Heard learned counsel for the petitioners, counsel for the Informant and the counsel appearing on behalf of the State. The petitioners are accused in a case under Section 302 besides some other sections of the Indian Penal Code and 27 of the Arms Act. The allegation is that the deceased was demanding certain amount of money from Nawneet Kumar and Nawneet Kumar did not want to return the money and so he shot the deceased. A case and counter case both were filed. As far as petitioner Amit Kumar is concerned, there is no specific allegation against him but there is a direct allegation against Nawneet Kumar and the occurrence took place in a broad day light which is an admitted fact. In the facts and circumstances, Petitioner namely Amit Kumar (Cr. Misc. No. 19839 of 2009) should be released on bail in connection with Monger Kotwali P. S. Case No. 67 of 2009 (G.R. - 2 - No. 302 of 2009) on furnishing bail bond of rupees ten thousand with two sureties of the like amount each to the satisfaction of CJM, Monger on completing six months in custody. As far as the case of Nawneet Kumar is concerned, learned counsel submits that post-mortem report does not support the ocular evidence. However, the occurrence took place in a broad day light, and the evidence of murder cannot be doubted as the occurrence is admitted by the parties. Considering the allegation against the petitioner namely Nawneet Kumar, I am not inclined to grant him bail. Accordingly, his prayer for bail is rejected. kanchan (Sheema Ali Khan, J.)