IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.27664 of 2009 SURAJ KUMAR @ SURAJ @ SAROJ, Son of Sheo Prasad, resident of Fakirbara, Dariapur Gola, P.S.-Kadam Kuan, Town and District- Patna. ……….Petitioner. Versus THE STATE OF BIHAR ……….Opp. Party. ----------- 2/- 21.08.2009 Heard learned counsel for the petitioner and the State. The case is under Sections 302/34 of Indian Penal Code. In the F.I.R. informant has named the petitioner as the first assailant, who had fired upon the deceased. Learned counsel for the petitioner submits that the statement of the informant in the F.I.R. is that, after hearing the sound of firing he came out and ran towards the deceased which shows that he had not actually witnessed the occurrence. He also refers the statement of the father of the deceased, recorded in paragraph 47 of the case diary, wherein the father of the deceased had stated that on his query the deceased had named co- accused Bikram Sahni and Pankaj Pandit as the first assailant to have fired upon the deceased first. Post mortem report also shows two wounds of injuries. Petitioner is in custody since 19.8.2008. It is stated that in the entire investigation nothing has come out with regard to criminal antecedent of the petitioner. Considering the above facts, circumstances and the statement of the father of the deceased recorded in the case diary, the application is allowed. Let petitioners, namely, Suraj Kumar @ Suraj @ Saroj be enlarged on bail on furnishing bail bond of Rs. 10,000/- - 2 - (ten thousand) with two sureties of the like amount each to the satisfaction of Additional District and Sessions Judge-XI, Patna in connection with Kadamkuan P.S. Case No. 276 of 2008 (S. Tr. No. 246/2009). Sanjeet/ (J. N. Singh, J.)