IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.43966 of 2009 BALMIKI PANDEY, S/O LATE RADHA KANT PANDEY, R/O-RANIPUR,P.S.-FATUHA,DISTT.- PATNA..PETITIONER Versus THE STATE OF BIHAR ……………. OPPOSITE PARTY. ---------- For the Petitioner:- Mr. Madnesh Prasad and Mr. Shashi Shekhar Sharma, Advocates. For the State:- Mr. R.P.S. Singh, A.P.P. ---------- 2. 17.12.2009. Heard learned counsel for the petitioner and learned A.P.P. appearing on behalf of the State. Petitioner seeks bail in a case registered under Sections 342, 302, 120(B), 34 of the Indian Penal Code and Section 27 of the Arms Act. It is submitted on behalf of the petitioner that as per the allegation in the first information report, co-accused Mantu Kumar had fired upon the brother of the informant, who had succumbed due to that injury. Petitioner has been named in the first information report for the reason that he was also present along with other persons for the purpose of Panchayati. It is also submitted that aforesaid Mantu Kumar along with other co-accused, namely, Kishundeo Das, Santosh Kumar and Biru Pandey @ Birendra Pandey have already been acquitted of the charges vide the judgment - 2 - passed by the Addl. Sessions Judge IV, Patna (Annexure-2) as none of the witnesses had supported the prosecution case. Petitioner is stated to be in custody since 25.03.2009. Learned counsel for the State submitted that trial of the petitioner was separated because he did not surrender earlier. However, it appears from Annexure-2 that the main accused Mantu Kumar, against whom there is direct allegation of firing upon the deceased, has already been acquitted of the charges along with other co-accused persons. Having regard to the facts and circumstances of the case, I direct the petitioner, namely, Balmiki Pandey to be released on bail on his furnishing bond in the sum of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the F.T.C.-IV, Patna in connection with S.T. No. 790/09, arising out of Malshalamia P.S. Case No. 34/2003. dk ( Dr. Ravi Ranjan, J. )