IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3011 of 2009 SURENDRA KHARWAR,son of Bishwanath Kharwar, resident of village- Bishrampur,P.S.-Dinara(Bhanas), Dist.-Rohtas. Versus STATE OF BIHAR ----------- 02/ 20-03-2009 Heard learned counsel for the petitioner and the State. Submission of the learned counsel for the petitioner is that it was an occasion of Holika Dahan and might be there some occurrence but for the same there was a case and counter case on behalf of the parties for the offence under Section 302 of the Penal Code. After commitment of the case both the parties faced trial and none of the witnesses of either case supported the prosecution case. According to the learned counsel, in petitioner’s case informant party is acquitted, while some mischief was caused and a petition under Section 311 Cr.P.C. was also filed and the case remained pending for that purpose. Accordingly to the learned counsel, if eye witnesses named in the charge sheet did not support the prosecution case, then there is no question to keep the petitioner behind the bar. The fact discussed is conceded by the learned A.P.P. also. Under the discussed circumstances, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-F.T.C.-III, Rohtas at Sasaram in connection with S.Tr.No.438/2007, arising out of Dinara(Bhanas) P.S.Case No.30/2005. AH/ ( Mandhata Singh, J. )