IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35387 of 2009 SADHU SAHANI, son of Chandra Deo Sahani, resident of village- Chakki Suhagpur, P. S.- Paru, District- Muzaffarpur…. Petitioner. Versus STATE OF BIHAR ----------- 4. 16.12.2009. A supplementary affidavit has been filed on behalf of the petitioner stating therein that the petitioner is in custody since 30.3.2009 and has got no criminal antecedent. Heard counsel for the petitioner and counsel for the State. The petitioner facing prosecution for offence under Section 302 and allied sections of Indian Penal Code as also Section 25/27 of the Arms Act has his defence for the purposes of bail that even if the prosecution story is accepted at its face value, there being no firearm injury on the person of the deceased and the petitioner being only alleged to have resorted to firing by a firearm along with three others would be entitled for bail, specially when the petitioner has no criminal antecedent. Counsel for the petitioner would also submit that three other co-accused persons having similar allegation of firing 2 as that of the petitioner namely Upendra, Fakiran, Ganesh have already been released on bail by different orders passed by this court. Considering the aforementioned aspects and specially the fact that the allegation of causing death of the deceased is confined to co-accused Ramjeet Sahani, Hela Sahani and Rajendra Sahani, this court would direct for the petitioner namely Sadhu Sahani to be released on bail on his furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of S.D.J.M., Muzaffarpur (West) in connection with Paru P. S. Case No. 47 of 2009, subject to a condition that one of the bailors must be either of the parents or the wife of the petitioner. It goes without saying that the petitioner shall remain present in course of trial and his absence for two consecutive dates will make him liable for cancellation of his bail. kanchan (Mihir Kumar Jha, J.)