JOITI SINDHU THAKUR GARG @ JYOTSENDU GARG @ JAI SINDHU THAKUR @ v. STATE OF BIHAR

and are being disposed of this common order because they have arisen out of one occurrence under section 302/34 of the Indian Penal Code and section 27 of the Arms Act against four unknown persons who was boarded on two motorcycles. The informant’s father was supervising the construction of Majhaulia Katra Road Bridge. He was shot dead. Submission is that initially one Akhilesh Kumar @ Bablu was apprehended. He made his confession and on his confession names of others have transpired. Co-accused Akhilesh Kumar @ Bablu is District President of Bihar State Pharmacist Association. He applied for the post of Supervisor but he was not appointed. So, he was having a grudge. On behalf of Nagendra Prasad Singh @ Bhullur Singh it has been submitted that name of the petitioner and others have transpired - 2 - after three months of the occurrence in the statement under section 164 Cr.P.C. and there is no explanation as to why he was not named previously. When the witnesses examined under section 164 Cr.P.C. his name has transpired. Similar argument is on behalf of Jugnu Ojha @ Gori Brath Ojha. Role given with regard to Nagendra Prasad is that he was standing on the road. Major submission is that Akhilesh Kumar @ Bablu has been granted bail on 10.12.2008 in Cr.Misc. .No.35924 of 2008. There is no witness of the occurrence and the name of the accused persons have come after much delay. Considering the facts and circumstances of the case the above named petitioners are directed to be released on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Muzaffarpur so far as Cr.Misc. Nos.43212 of 2008 and 42556 of 2008 are concerned and to the satisfaction of Sri Ram Surat, J.M., Ist Class, Muzaffarpur so far as Cr. Misc. No.1320 of 2009 is concerned in connection with Bochahan P.S.Case No.53 of 2008. Md.S. (Shyam Kishore Sharma,J.)