IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14843 of 2008 KAUSHAL MIYAN Versus STATE OF BIHAR Cr.Misc. No.16340 of 2008 IBO MIYAN Versus STATE OF BIHAR Cr.Misc. No.4119 of 2008 SUBODH YADAV Versus STATE OF BIHAR Cr.Misc. No.5665 of 2008 BAUKA MIAN Versus STATE OF BIHAR Cr.Misc. No.12385 of 2008 TANVEER MIAN Versus STATE OF BIHAR 2 9-5-2008 Heard learned counsel for the parties. The petitioners are accused in a case u/ss 302 and other sections of the Indian Penal Code and 27 of the Arms Act. The allegation is that FIR named 12 accused persons including the petitioners and 25-30 unknown persons caught hold the deceased Anup Lal Sahni. On alarm being raised the informant rushed there and saw all the accused persons were holding rifle and gun in their hands. It is said that they later on shot dead informant’s father, named, Anup Lal Sahni at the Bandh. It appears that informant in his further statement before the police stated that it was Tanveer Mian who shot dead his father. There is statement of three more witnesses to that effect in the case diary. It has been submitted that all the allegations are general and omnibus in nature. It has further been submitted that there was firing - 2 - and counter firing between two groups of criminals as a result of which informant’s father sustained injuries and died. It has also been submitted that Tanveer Mian is not the assailant of the deceased and the police has falsely implicated him in this case. Learned APP on the other hand opposed the bail and submitted that informant in his further statement named Tanveer Mian as the person who shot dead his father. He further submitted that there is statement of three more witnesses to that effect. It appears from the case diary that antecedent of Tanveer Mian is also not good. Many cases are pending against him. Considering the facts and circumstances of the case, at this stage, this court is not inclined to release petitioner, Tanveer Mian on bail. His prayer is refused. The other petitioners, namely, Kaushal Miyan, Ibo Miyan, Subodh Yadav and Bauka Mian are directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Khagaria in Beldour PS case no. 43/04. BKS/ (M. Saran, J.)