IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.24897 of 2009 SUNDER PASWAN SON OF SHYAM LAL PASWAN RESIDENT OF VILLAGE BRAHMA ASTHAN,P.S.DEO,DISTT.AURANGABAD Versus THE STATE OF BIHAR ----------- 5/ 5.1.2010 Heard learned counsel for the parties. The petitioner is facing trial in a case which has been registered for offences under Section 302 and some other Sections of the Indian Penal Code and 17 Cr.L.A.Act. Basanti Devi has given her fardbeyan on 8.1.2005 that her husband was carried away by Bhulani Paswan, Lalan Paswan, Ramjee Paswan and Sunder Paswan and some unknown. Subsequently, her husband and elder brother of the husband Gajadhar Pathak were beaten to death. She and her son Suddu were also sustained injuries. Submission is that co-accused Lalan Paswan faced trial before Additional Sessions Judge, Fast Track Court No.1, Aurangabad in Sessions Trial No. 235 of 2005 in which the informant of the present case was examined as P.W.11 whereas her injured son was examined as P.W.12. Both of them have stated about participation of Bhulani, Ramjee and others 2 in the occurrence. The petitioner has not been named by those witnesses. Considering every aspect of the case, the said Lalan Paswan has been acquitted vide judgment dated 17.2.2009. The petitioner is in jail custody since 15.4.2006. The antecedent report of the petitioner which has been received from the office of Superintendent of Police, Aurangabad shows that he has no criminal antecedent. Considering the facts and circumstances of the case, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge, Fast Track Court No.II, Aurangabad in Sessions Trial No. 188 of 2006. Tahir/- ( Shyam Kishore Sharma, J.)