IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.5662 of 2011
RANJEET MISHRA s/o Jaychand Mishra, resident of village-
Phulwariya, P.S. Phulwariya, District- Begusarai.
Versus
THE STATE OF BIHAR .
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2 24.3.2011 The petitioner is in custody in relation to Phulwariya
P.S.Case no. 10 of 2010 instituted under Section 302/34 of the
Indian Penal Code read with Section 27 of the Arms Act.
In the FIR it is alleged that when the informant’s
brother was reached near the home in the night , the petitioner
along with three other persons surrounded him and shot him.
Learned counsel for the petitioner draws attention of
this Court to the fact that the informant had not seen the
occurrence. The informant in the FIR itself disclosed that the
name of the petitioner and another were disclosed by two
persons, who were there. It is submitted that those two persons
are not even the resident of locality and , in fact, are the very
persons against whom the petitioner had earlier lodged an FIR
and they had been charge sheeted. He further points out that the
FIR was registered after much delay and the name of the
petitioner was not disclosed even when the inquest was being
prepared nor the name of the aforesaid two persons, who
disclosed the name of the petitioner, disclosed in the inquest
report, which was prepared earlier in presence of the informant.
It is thus submitted that the petitioner has falsely been implicated
in this case because of series of litigations between the two
2
families.
In the facts and circumstances of the case, let above
named petitioner 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 learned Chief Judicial Magistrate,
Begusarai in Phulwariya P.S.Case no. 10 of 2010.
Singh ( Navaniti Prasad Singh, J.)