IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21327 of 2009 TULAN THAKUR, Son of Late Modai Thakur, resident of village – Village – Lattipur, P.S. – Bihpur, District – Bhagalpur. … Petitioner. Versus THE STATE OF BIHAR … Opp. Party. ----------- 02/ 07.07.2009 Heard learned counsel for the petitioner and learned counsel for the State. Case is under Section 302/34 of the IPC and 27 of the Arms Act. Although, in the FIR petitioner is alleged to have fired on the deceased, but from the impugned order of the learned Additional Sessions Judge it appears that in her restatement the informant resiled from her statement made in the FIR in respect of this petitioner and named another person namely Dhananjay Thakur, as to have fired in place of this petitioner. In her restatement she has only stated that this petitioner was also present at the time of occurrence. Considering the statement made by informant in her restatement as noticed by learned Additional Sessions Judge, this application is allowed. Let petitioner Tulan Thakur be enlarged 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 Chief - 2 - Judicial Magistrate, Naugachia at Bhagalpur in connection with Bihpur P.S. Case No. 72 of 2009. DKS/ (J. N. Singh, J.)