IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38117 of 2010 MURARI PASWAN Versus STATE OF BHAR 3 10.12.2010 Heard learned counsel for the petitioner as well as learned counsel for the state assisted by learned counsel for the informant. Petitioner is named in the FIR with allegation that he alongwith other accused assaulted the deceased with iron rod and Dabiya but it is not specific in the first information report as to what weapon was being carried by the petitioner at the time of alleged occurrence. Furthermore, in course of investigation, some witnesses stated that the petitioner was carrying iron rod whereas some witnesses stated that he was carrying Katta at the time of alleged occurrence. It is evident from the FIR itself that it was Kamlesh Kushwayha who opened fire on the deceased but post-mortem report reveals that cause of death was a fire-arm injury. Admittedly, there is case and counter case in between the parties. So considering the facts and circumstances as well as submissions of the parties, the petitioner, namely, Murari Paswan is directed to be released on bail on furnishing bail bond of Rs 10,000/- (ten thousand) with two sureties of the like amount each in connection with Bikram P. S. Case No. 33 of 2010 to the satisfaction of Additional Chief Judicial Magistrate, Danapur. AKV/- (Hemant Kumar Srivastava,J.)