IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3353 of 2010 CHINA PASWAN @ CHANDESHWAR PASWAN, Son of Bindeshwar Paswan, Resident of village Bardahi, P.S. Babubarhi, District Madhubani …………… Petitioner Versus THE STATE OF BIHAR ……. Opposite Party ----------- For the petitioner : Mr. Sudama Singh, Advocate For the State : Mr. Uma Shankar Pd. Singh, A.P.P. 3 06.04.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case registered under Sections 302/34 of the Indian Penal Code. It is submitted that the petitioner is not named in the first information report rather co- accused Suresh Mahto has been named. It is submitted that on the basis of confessional statement of co-accused Satyanarain Mahto, petitioner has been made accused. It is alleged that the brother of the informant has identified one muffler, which was recovered from the place of occurrence to be belonging to this petitioner. On the aforesaid basis and suspicion petitioner has been made accused. It is urged on behalf of the petitioner that 2 the alleged identification of the muffler was after about two months of the date of occurrence and obviously is an after thought. It is further contended that the muffler being a common article, it will be very difficult to make such a serious allegation only on the basis of identification of such muffler. However, apart from the aforesaid and confessional statement of co-accused there is no other material indicating towards the complicity of this petitioner, who is in custody since 9.11.2009. Thus, it is contended that at best it is a case of circumstantial evidence. Learned counsel for the State submitted that in paragraph nos. 64, 65 and 66 of the case diary certain persons had said that the muffler which was seized from the place of occurrence, belonged to this petitioner. However, it is true that such statement had been recorded after two months of the date of occurrence. In the facts and the circumstances of the case, the petitioner, CHINA PASWAN @ CHANDESHWAR PASWAN, is directed to be 3 released on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Madhubani in connection with Babubarahi P.S. Case No. 122 of 2007. The petitioner shall remain present on each and every date during the course of trial. If the petitioner fails to remain present on two consecutive dates without any reasonable explanation then the court concerned would be at liberty to take steps for cancellation of bail bonds of the petitioner. Spd/- (Dr. Ravi Ranjan, J.)