IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr. Misc. No.10481 of 2011
1. Kamla Chaudhary son of late Kishun Chaudhary, &
2. BirendraChaudhary S/o Kamla Chaudhary
Versus
The State Of Bihar
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3/ 26.07.2011 Heard learned counsel for the petitioners and the State.
The petitioners seek bail in a case instituted for the
offence under sections 302/34 of the Indian Penal Code and section
27 of the Arms Act.
The prosecution case is that the informant heard two fire
shots and suddenly saw his sister-in-law having been injured by the
fire arms. He saw the petitioners fleeing away with small guns. The
reasons for the occurrence is that previously his brother had been
killed in which the petitioner no.1 had been sent to jail and even one
year back attempt was made on him and, therefore, he suspected
them of having killed.
In view of the nature of allegation against the
petitioners, I am not inclined to grant bail to petitioners at this stage.
Prayer for bail is rejected.
However, in the background of dispute between the
parties and the allegation that they were seen fleeing away from the
place of occurrence, they are at liberty to renew their prayer for bail
after framing of charge if their case is not bifurcated for the purpose
of commitment or charge.
JA/- (Anjana Prakash,J.)