IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22096 of 2010 RAUSHAN KUMAR MISHRA . Versus STATE OF BIHAR . ----------- 03/ 05.10.2010 Heard learned counsel for the petitioner and learned counsel for the State. 2. This petition for bail has been filed by the petitioner, who is an accused for offences punishable under sections 302, 34 of the Indian Penal Code and Section 27 of the Arms Act. 3. Learned counsel for the petitioner submits that the prosecution story is that the deceased was going to his house on cycle in the night and when he reached in front of his house, he was surrounded by several persons (including the petitioner) out of whom co accused Ranjit Mishra fired on his head by pistol while the other accused persons including the petitioner were holding the deceased. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the instant case as no family member of the deceased or his neighbour have claimed to be the eye witnesses of the occurrence. Some persons who belong to another village and are enemical to the petitioner had made statements against the said accused persons claiming to be the eye witnesses. Learned counsel for the petitioner submits that in any view of the matter, the petitioner is not the assailant and he is in custody since February 2010 although he has got no criminal antecedent except Phulwaria P. S Case No. 162 of 2008 for offences u/s 462 and 422 of Indian Penal Code in which he had already been granted bail. - 2 - 4. Considering the facts and circumstances of this case as well as the arguments of the parties, this petition is allowed. Let petitioner, namely Raushan Kumar Mishra be released on bail on furnishing bail bond of Rs.10,000.00 (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District Judge, 1st, Begusarai, in connection with Phulwaria, P. S Case No. 10 of 2010. Ranjan (S. N. Hussain, J.)