IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.41782 OF 2008 BALISTER CHOUDHARY, SON OF LATE BIRU CHOUDHARY, @ LATE BHRIGU CHOUDHARY, RESIDENT OF VILLAGE SAREJA, POLICE STATION RAJPUR, DISTRICT BUXAR AT PRESENT RESIDENT OF VILLAGE LAKARI, POLICE STATION KOCHAS, DISTRICT ROHTAS VERSUS STATE OF BIHAR ********* 2 25.11.2008 Heard Counsel for the petitioner, the State and the Informant. The petitioner seeks bail in a case which was initially registered under Section 307 and other sections of the Indian Penal Code but after the death of the injured, Section 302 of the Indian Penal Code was added. Besides the provisions of the Indian Penal Code, Section 27 of the Arms Act is also another section in which the First Information Report has been registered. Altogether five persons are named as accused besides this petitioner. Other accused persons are Raj Kumar Choudhary, Jawahar Choudhary, Rama Shankar Choudhary and Musa Choudhary. Allegation is that the named accused persons formed an unlawful assembly and one member of that assembly Raj Kumar Choudhary fired causing death to Surendra Kumar Singh. Jawahar Choudhary and Rama Shankar Choudhary were caught on chase. They were having fire arms. 2 Submission is that Jawahar Choudhary has been granted bail by this Court vide order dated 17.11.2008 in Criminal Misc. No. 41580 of 2008 whereas Musa Choudhary, a member of mob, has also been granted bail vide order dated 14.11.2008 in Criminal Misc. No. 41369 of 2008. The case of the petitioner is similar to the case of Musa Choudhary. Assailant is Raj Kumar Choudhary. The prayer for bail is opposed by the Counsel for the informant who has submitted that the petitioner is also responsible for the killing. Considering the facts and circumstances of the case, the petitioner Balister Choudhary is directed to be released on bail in Kochas Police Station Case No. 56 of 2008 (Sessions Trial Case No. 481 of 2008) on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge, Fast Track Court No. IV, Rohtas at Sasaram. Anand (Shyam Kishore Sharma, J.)