IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11380 of 2009 LAL BABUMISHRA @ LALU MISHRA Versus STATE OF BIHAR ----------- 3 30.06.2009. Heard learned counsel for the petitioner and learned Additional Public Prosecutor representing the State. Petitioner is an accused in a case registered for offence under section 307 and other allied sections of the penal code and 27 of the Arms Act. It is submitted on behalf of the petitioner that there are two versions of the instant occurrence as in the FIR informant says that co- villagers Lalu Mishra ( the petitioner ) and Chandradeo Mishra came to her house at 7.30 am and Lalu Mishra at the instigation of Chandradeo Mishra fired causing injury on the right side of her son Bishwajeet aged about 18. However, the injured Bishwajeet in his statement says that six persons came to his house and it was Munni Devi who gave arms in the hand of Lalu Mishra to fire on him. It is also submitted that one Sanjeet also received injuries in the aforesaid firing but there is no whisper regarding this. It is also the case of petitioner that the injured had been examined in the private hospital in place of Govt. hospital. Petitioner is in custody since 12.11.2008. The State counsel submits that though there is variation in the statements of informant and injured, nonetheless both state that it was petitioner who opened fire causing injury on the right side chest of son of the informant’s son. Prayer for bail of the petitioner is refused with liberty to renew the prayer for bail after remaining in custody for 1 ½ years. Shashi. (Samarendra Pratap Singh,J).