IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.53125 of 2008 MAHESH PASWAN, S/o. Paras Paswan, r/o. Village- Bheria, P.S. Harnaut, District- Nalanda. WITH Cr.Misc. No.10104 of 2009 RAJA RAM PASWAN @ RAM RAJ PASWAN, S/o. Paras Paswan, R/o. Village- Bhedia, P.S. Harnaut (Telmar), District- Nalanda. At present Khairabad (Mahalpar) , P.S. Bihar , District- Nalanda. Versus THE STATE OF BIHAR ----------- 03 10.04.2009 Heard learned counsel for the petitioner and learned counsel for the State. Cr. Misc. No.53125 of 2008 on behalf of Mahesh Paswan and Cr. Misc. No. 10104 of 2009 on behalf of Raja Ram Paswan @ Ram Raj Paswan have been taken up together and are being disposed of by a common order because both the cases have arisen out of one occurrence registered under Section 302/34 of the I.P.C. and Section 27 of the Arms Act. Informant’s husband was shot dead alleged by Mahesh Paswan at that time Rajendra Yadav, Mithlesh Yadav and Chhote Yadav were also present. As per the F.I.R. petitioner Mahesh Paswan appears to be the sole assailant but in course of 2 investigation another version has come that assailant was not Mahesh Paswan rather it was Raja Ram Paswan @ Ram Raj Paswan and Sitaram Chaudhary @ Gohan. The allegation against Mahesh Paswan has not been substantiated and the independent witnesses have stated that the firing was not by Mahesh Paswan rather it was by the Raja Ram Paswan. There is contradictory version of the witnesses. One set of the witness asserts that assailant is Mahesh Paswan whereas another set said that assailant is others. Considering the contradictory statements and investigation, petitioners namely, Mahesh Paswan and Raja Ram Paswan @ Ram Raj Paswan are directed to be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the Addl. Sessions Judge, F.T.C. No.III, Nalanda at Bihar Sharif in connection with Harnaut P.S. Case No.230 of 99, S.T. No.535 of 2008. Mkr. (Shyam Kishore Sharma, J.)