IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25234 of 2009 NARESH PASWAN, Son of Gagandeo Paswan, resident of Village- Bhandari, Police Station-Belsond, District-Sitamarhi.....Petitioner. Versus The State of Bihar.............................................Opposite Party. ----------- 2. 17.9.2009. Heard learned counsel for the petitioner, learned counsel for the informant and learned counsel for the State. Case is under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act. As per the First Information Report, when the informant came to know that the deceased was lying in the house of Rakesh Kumar Paswan, he rushed there and saw his son was injured with a fire arm injury in his head. The deceased was rushed to the hospital where he succumbed to the injury. When the informant had reached the house of Rakesh Kumar Paswan, the petitioner and others accused were present. The case was investigated and the police submitted final form finding the accusation against the petitioner and other accused persons as not made out. However, fardbeyan was recorded in this case on 10.2.2004 and the protest-cum- complaint petition has been filed on 11.5.2004. In the complaint, it is said that one Md. Meraj Ansari came to the informant on the next day and informed him that he had seen the occurrence from his own eyes. He said that he saw one Rakesh Kumar Paswan and Sonu Kumar catching hold of the deceased and saw this petitioner firing upon him. Learned counsel for the petitioner submits that during investigation, it has come that the deceased was suffering 2 from depression and many of the children to whom he was imparting coaching had given statement stating that the deceased had shot himself which statement has also been made in paragraph no. 16 of the petition. Be that as it may, it is apparent that the said eye witness had informed the informant on the very next day that he had seen the occurrence but did not make the statement before the police nor had filed any petition before the Magistrate for recording his evidence. In the complaint, the complainant has alleged that the statement of the witnesses was not properly recorded by the Investigating Officer. On the basis of evidence recorded under Section 202 Cr. P. C. enquiry was held and after enquiry cognizance has been taken in this case and petitioner has been arrested. Petitioner is in jail since 15.6.2009. It also appears from Annexures-3 and 4 that the accused persons who are said to have caught the deceased while the petitioner has shot him dead have been allowed Anticipatory bail by this Court. Considering the above facts and circumstance, this application is allowed. The petitioner Naresh 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 to the satisfaction of the J.M. Ist Class, Sitamarhi in connection with Complaint Case No. C-1/1544 of 2005. U.K. (J.N.Singh,J)