IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38306 of 2008 MD.JAMAL @ MALLU @ BHALLU …… PETITIONER Versus THE STATE OF BIHAR …… OPP. PARTY For The petitioner : - Sri Shiwesh Chandra Mishra, Advocate For the O.P. : - Sri D. Mehta, APP ----------- 2. 14.11.2008 Heard Sri Shiwesh Chandra Mishra, Advocate for the petitioner and Sri D. Mehta, APP for the State. The petitioner’s name does not appear in the FIR in a case under Section 302 of the IPC. Subsequently two witnesses in paragraphs 17 & 18 named the petitioner as person along with another had fired the shot. The contention is that if at all the petitioner had been seen and identified as the person, who had fired the shot, his name ought to have appeared in the FIR. Let petitioner Md. Jamal @ Mallu @ Bhallu be released from custody on furnishing a bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge, F.T.C. I, Bhagalpur in connection with Sessions Trial No. 318 of 2008/ Tr. No. 108 of 2008 arising out of Mojahidpur (Ishakchak) P.S. Case No. 117 of 2007. DKS/ (Dharnidhar Jha, J.)