IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19117 of 2009 SHIVAN RAM @ ANIL RAM son of Tanik Ram @ Anik Ram, resident of village- Murarpur, P.S.- Korma, District-Sheikhpura. Versus STATE OF BIHAR ----------- 3 09.07.2009 Heard the parties. The offence alleged is under Sections 307/34 of the Indian Penal Code. It is submitted on behalf of the petitioner that the allegations levelled in the first information report do not constitute offence under section 307 of the Indian Penal Code. As a matter of fact the alleged occurrence is absolutely unfounded as the allegation of the informant that he had raided the house of the petitioner to execute the warrant of arrest for his deposition in a criminal case in which he was witness, does not stand a reason since the petitioner had already deposed in the said criminal case as stated in paragraph 9 of the petition. It is further submitted that the petitioner is innocent and has been falsely implicated in this case. Petitioner has no criminal antecedent and the allegation of recovery of the country made pistol and live cartridges is incorrect as would appear from the seizure list (Annexure-4) where the recovery has been shown to have been made from a ditch near the house of the petitioner. Considering the facts and circumstances of the - 2 - case, it is directed that the petitioner, named above be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Sheikhpura, in connection with Korma P.S. Case No. 03 of 2009. Manish/- ( Shailesh Kumar Sinha,J.)