IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30050 of 2009 LALUA @ LALLOO MAHTO @ LALO MAHTO Versus STATE OF BIHAR ----------- 2. 01.09.2009 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner is in custody in a Police case under Sections 302/34 of the Penal Code and Section 27 of the Arms Act. The submission is that the co-accused, Parmanand, with common allegations has been acquitted in Sessions Trial No. 234 of 2003 by judgment and order dated 5.10.2005 of Sessions Judge, Nalanda at Biharsharif. The allegation is of firing by five persons and four fire-arm injuries were found on the person of the deceased. Co- accused Parmand and the petitioner are stated to be the persons, who fired. The informant apparently did not support the allegations during trial. This Court has gone through the Sessions Trial judgment appended at Annexure-3 to this bail application in barely two and half pages. The heart of the judgment on the merits of the matter is of hardly one page, even wherein there is no discussion of the evidence of the informant, the eye-witness, stated to be P.W. 6. The acquittal is based simplicitor on the evidence of the witnesses having gone hostile, as if the Court had no duty. Be that as it may, in view of the acquittal of the co- accused, this Court at this stage has little option but to grant bail to 2 the petitioner. Let the petitioner, abovenamed be enlarged on bail on furnishing bail bonds of Rs. 10,000/-(Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge, Fast Track Court-III, Biharsharif, Nalanda in Sessions trial No. 20 of 2009/239 of 2009 arising out of Sarmera P.S. Case No. 75 of 2001. The court below is directed to expedite the trial of the petitioner and conclude it at any early date since the trial of the co-accused has already been concluded. If the prosecution were to fail because of the informant not supporting the allegation, despite being an eye-witness, the court below is directed to proceed appropriately in the matter and if satisfied imitate appropriate proceedings against the concerned under the Code of Criminal Procedure and the Indian Penal Code. AKS/ (Navin Sinha, J.)