IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.24447 of 2009 KASHI NATH SHARMA, SON OF SUKHDEO SHARMA, RESIDENT OF VILLAGE-JAMALPUR MAKER, POLICE STATION MAKER, DISTRICT-SARAN. ………………………………..Petitioner. Versus THE STATE OF BIHAR .………………………………..Opposite Party. ----------- 05/ 18.11.2009 Heard Mr. Raghvendra Kumar, learned Counsel for the petitioner and learned APP for the State. The petitioner is one of the named accused of the case which has been registered under Section 302 and some others Sections of the Indian Penal Code, Section 27 of the Arms Act, Sections 3/4/5 of the Explosive Substances Act and Section 17 of the C.L.A. Act in which three persons were shot dead by a mob consisting of more than two dozen accused. The deceased were wife of the informant Pawan Devi, uncle Shambhu Nath Sharma and personal body guard Mritunjay Kumar Singh were shot dead. It was alleged that all the killers were extremists. According to the fardbeyan, at the time of occurrence the deceased and the informant were present along with the informant’s father, driver, brother and others. 2 Submission is that the trial has begun and the witnesses were present at the time of occurrence and they have been examined but they have not named the petitioner. P.W. 6 is the father of the informant, other witnesses P.Ws. 1, 3 and other eye-witnesses have not stated anything against the petitioner. A supplementary affidavit which contains the depositions of those witnesses has been filed. Considering the facts and circumstances of the case, the above named petitioner is directed to be released from custody 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 II, Saran/concerned court in connection with Sessions Trial No. 241 of 2008/26 of 2008 arising out of Maker P.S. Case No. 29 of 2007. kksinha/- ( Shyam Kishore Sharma, J. )