IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.24944 of 2008 OM PRAKASH YADAV @ OM PRAKASH AKELA, son of Bhagwan Yadav, Resident of village Raghopur Tiker, P.S. Madhusudanpur (Nath Nagar), District Bhagalpur Versus STATE OF BIHAR ----------- 06/ 30.3.2009 Heard learned counsel for the petitioner and the State. Petitioner is apprehending his arrest in connection with a case registered for the offence under Sections 302/120B of the Indian Penal Code and Section 27 of the Arms Act and is named in the First Information Report along with five others and is alleged to have opened fire. Besides the named accused, two unknown persons have also been made accused in the First Information Report. It is submitted on behalf of the petitioner that the entire allegation set out in the First Information Report appears to be incorrect in view of the statement of Niraj Kumar, son of the deceased, whose statement has been recorded in paragraph 29 of the case diary, and Vishnudeo Prasad, another witness on the fardbeyan, whose statement has been recorded in paragraph 15 of the case diary, as therefrom it will appear that both the witnesses were not present in the village when occurrence took place and when they were not present at the time of occurrence, they could not have been sighted as witnesses over the fardbeyan. Aforesaid submission has been made to suggest that the fardbeyan is antedated. Let the aforesaid submission be considered, if 2 petitioner surrenders in the court of Chief Judicial Magistrate, Bhagalpur in connection with Nath Nagar (Madhusuadanpur) P.S. Case No. 41 of 2008 within four weeks from today and applies for grant of bail. This application is, accordingly, disposed of. Let this order be communicated to the court below through fax on payment of usual charges by the petitioner. Arjun/ (V.N. Sinha, J.)