IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31664 of 2008 NIGAM PANDEY @ ARUN KUMAR PANDEY SON OF TARKESHWAR PANDEY RESIDENT OF LOHADAN, P.S. CHAND,DISTRICT KAIMUR. Versus STATE OF BIHAR ----------- For the petitioner : Mr. Krishna Pd. Singh, Sr. Adv. For the State State: Mr. Upendra Kumar, A.P.P. ------------- 3 10.11.2008 Heard learned counsel for the petitioner and the State. Petitioner is facing prosecution under sections 341,342,324,307/34 of the Indian Penal Code and 27 of the Arms Act. Learned counsel for the petitioner submits that though the petitioner has been named in the first information report but during the course of investigation confessional statement of one co-accused Nirmal Yadav has been recorded wherein he has stated that he had fired upon the victim Amit Kumar causing injury in his thigh. He further submitted that statement of the injured persons has not been recorded as yet by the police. In fact in paragraph 118 of the case diary it has been stated by the police that the victim himself is accused in certain criminal cases and therefore, he is evading and has not made himself available for recording his statement under section 161 Cr.P.C. It is submitted by the learned counsel that since Nirmal yadav himself has admitted that he has fired bullet as there is enmity between him and the injured, therefore, petitioner deserves bail. According to him the petitioner does not have any criminal antecedent and he is in jail custody since 22.6.2008. Learned counsel for the State submits that it is a case under - 2 - section 307 I.P.C. According to him, even if co-accused Nirmal yadav has made a confessional statement, same has no value in the eye of law. However, he admits that the investigating agency has also stated that the victim is accused in some other criminal case. In the facts and circumstances of the case, petitioner Nigam Pandey @ Arun Kumar Pandey is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of Chief Judicial Magistrate, Kaimur at Bhabhua in connection with Bhagwanpur P.S. case no. 68 of 2007. Rahman/ (Dr. Ravi Ranjan, J)