IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30945 of 2009 SIKANDAR PASWAN Versus STATE OF BIHAR with Cr.Misc. No.33791 of 2009 SHANKAR PASWAN Versus STATE OF BIHAR ----------- 2 15.9.2009 Heard learned counsel for the petitioners of both the application and learned APP for the State. Both the petitioners are accused in Sahebpur Kamal P.S. Case No. 70 of 2008 which was registered under several sections of the Indian Penal Code including sections 364, 302, 201, 120B/34. Submission of learned counsel for the petitioner so far Sikandar Pawan ( Cr. Misc. No. 30945 0f 2009) is concerned that though he has been named in the FIR as one of the accused along with 17 other persons, he has not been shown to have indulged in any overt act. It is fact that prayer of bail of some of the accrued persons who have assigned specific role in the crime stands rejected. Submission of learned counsel for Shanker Paswan (Cr. Misc. No. 33791 of 2009) is that he was not even named in the FIR and on an incident of the kind where the mother of the informant had been dragged from the house on the allegation of witch craft the whole community had been made accused. Submission of learned is that merely naming the accused in the FIR without any specific allegation only shows how - 2 - mechanically the petitioner has been made accused in this case. Even otherwise so far Shanker Paswan is concerned he is not even named in the FIR. Keeping the above submission and the period spent in custody in mind, let the petitioners, namely, Sikandar Paswan (Cr. Misc. No. 30945 of 2009) and Shanker Paswan (Cr. Misc. No. 33791 of 2009) be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Begusarai in connection with Sahebpur Kamal P.S. Case No. 70 of 2008. One of sureties will be executed by close relative of the petitioners on due identification by the trial court. It is also recorded that the petitioners will cooperate in the trial and will not abscond. RPS (Ajay Kumar Tripathi, J.)