IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45344 of 2008 ARUN SINGH & ANR Versus STATE OF BIHAR ----------- 4. 22.12.2008 Petitioners are accused in a case under sections 302 and 120B/34 of the Penal Code. They are named in the First Information Report along with two others. It is submitted on their behalf that close perusal of the FIR will indicate that it was Satish Singh who shot at the deceased. The shot fired by the two petitioners did not cause any injury on the person of the deceased. The FIR appears to have been registered after the death of the injured 10 days after the occurrence as during the said period the injured was being treated at PMCH as a case of head injury due to road traffic accident on 18.10.2007 at 7.00 AM which fact is evident from the bed head ticket of the deceased bearing no. 24 dated 18.10.2007 contained in Annexure-3 to the supplementary affidavit. It is submitted on behalf of the informant that no sooner the deceased received injuries he was rushed to the Barbigha Refral Hospital on 18.10.2007 at 7.00 AM where from he was referred to PMCH on the same day at 2 about 7.15 AM before the police could reach the Referal Hospital. Accordingly no First Information Report was registered at Barbigha Police Station on 18.10.2007. From annexure-3, bed head ticket of the injured, it appears that the injured reached PMCH on 18.10.2007 whereafter it was submitted before the doctors attending on him that it is a case of head injury due to road traffic accident which took place on 18.10.2007 at 7.00 AM and he was treated as a injured of road traffic accident. The treatment continued until 28.10.2007 at 8.00 PM when he died. Whereafter this present FIR was registered on 29.10.2007 for offence under sections 302, 120B/34 of the Penal Code and 27 of the Arms Act. Having considered the allegation set out in the First Information Report that the petitioners are alleged to have opened fire but did not cause any injury on the person of the deceased as also the manner in which FIR has been registered after 10 days of the occurrence, I direct that the petitioners namely 1. Arun Singh and 2. Barun Singh be released on bail on furnishing bail bond of Rs. 5,000/- (five thousand) each with two 3 sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Sheikhpura in Barbigha P.S. case no. 120/07. (V.N.Sinha,J) AI