IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38631 of 2009 SUBODH MAHTO sonof Hari Kishun Mahto, resident of village Sinarpura, P.S. Khodabandpur, District Begusarai… ..Petitioner Versus THE STATE OF BIHAR… OPPOSITE PARTY For the Petitioner: Mr. Ashok Kumar Mishra, Advocate For the State: Mr. R.P.S. Singh, A.P.P. ----------- 3 11.12.2009 Heard learned counsel for the petitioner and the State. The petitioner is an accused in a case registered under section 302/34 of the Indian Penal Code and section 27 of the Arms Act. It is submitted on behalf of the petitioner that according to the prosecution case, five persons including the deceased and the petitioner were sleeping on the roof of the newly constructed house of one Ramanand Das. The deceased was the brother of the informant, who had come from Delhi for marriage. However, in the morning the informant heard the sound of gun-shot firing and saw the co-accused Vijay Das getting down the stairs. Thereafter he came on the roof and saw the petitioner along with one Santosh Das and Ramanand fleeing away and the said Ramanand was armed with pistol. Thereafter the informant found his brother dead due to the firearm 2 injuries. It is further submitted that the petitioner was allegedly seen as running away from the spot, whereas co- accused Ramanand was seen with a pistol and there is only firearm injury. The aforesaid co-accused Ramanand and Vijay Das have not been sent up for trial, as the final form exonerating them has been submitted. Chargesheet has been submitted against the petitioner and others only on the basis of hear-say evidence, collected during the course of investigation. The petitioner is stated to be in jail custody since 04.06.2009. Further submission is that co- accused Santosh Das, who is on similar footing, has already been granted bail by this Court. Having regard to the facts and circumstances of the case, I direct the abovenamed petitioner, Subodh Mahto, to be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Begusarai in Khodabandpur Police Station Case No. 49/2009. SC ( Dr. Ravi Ranjan, J.)