IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.49112 of 2008 SARJUG PASWAN @ MANGALA Versus THE STATE OF BIHAR ----------- 4/ 18/2/2009 Heard learned counsel for the petitioner and learned counsel for the State. In this renewed prayer for bail under Section- 302 of I.P.C. and 27 of the Arms Act, learned counsel for the petitioner submits that the informant is an eye- witness to the assault on his son. In the F.I.R. he states that the petitioner fired at his son. On the previous occasion it was noticed that the post mortem report was of a death by a sharp cutting weapon and there was no firearm injury. In Sessions Trial No.895/06, which is the original trial, when the split up trial of the petitioner is Sessions Trial No.227/07 in which the informant had deposed. This Court had called for a copy of his deposition. The informant states therein that it was co- accused Bharat Paswan who attacked his son with a knife in the chest leading to his death on the spot. In the deposition he has mentioned generally that the petitioner, with co-accused Bharat Paswan, indulged in firing. He has not stated that the firing made by the petitioner hit anybody. 2 In the facts and circumstances of the case, the petitioner falling in the category of non-assailant, as per the deposition of the informant, let the petitioner above named be enlarged on bail upon furnishing the bail- bonds of Rs.10,000/- (ten thousand) along with two sureties of the like amount each, to the satisfaction of Addl. Sessions Judge, Fast Track Court No.1, Nalanda at Bihar Sharif in connection with Bihar P.S. Case No.27 of 2006 corresponding to S. Tr. No.227 of 2007. KC ( Navin Sinha, J.)