IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.29748 of 2010 Uttam Paswan son of Shiv Shankar Paswan, resident of Mohala:- Chamandi Chakand, P.S. + O.P.:- Chakand, District-Gaya. …..Petitioner. Versus STATE OF BIHAR …. Opposite Party. ----------- 03/ 12.10.2010 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner is an accused for offences punishable under Sections 147, 148, 149, 302 and 120B of the Indian Penal Code as well as Section 27 of the Arms Act. Learned counsel for the petitioner submits that informant is Rakesh Kumar, who happens to be the nephew of the deceased Dr. Baijnath Singh. The allegation is that accused persons named in the F.I.R. along with three unknown persons surrounded the deceased Baijnath Singh, out of whom Dharmendra Kumar Singh assaulted him on his head with the butt of pistol and other accused persons Chandra Bhushan Singh, Ajay Sharma and Kumar Venkatesh fired with their respective pistols which hit chest, stomach and head of the deceased, whereafter accused persons fled away. Learned counsel for the petitioner further states that this is a peculiar case in which the informant himself was subsequently made an accused and he is absconding. Learned counsel for the petitioner also avers that neither he is named in the F.I.R. nor any specific overtact has been alleged against him, whereas named accused persons, namely Chandra Bhushan Singh, Dharmendra Kumar Singh @ Tiblu, Kumar Venkteshwar @ - 2 - Venktesh Kumar and Shashi Sekhar Singh have been granted anticipatory bail on the orders of this court vide order dated 09.10.2007 (Annexure-2) passed in Cr.Misc.No.52370 of 2006, Cr.Misc. No. 43977 of 2006, Cr.Misc.no.52371 of 2006 and Cr.Misc.No.50248 of 2007 respectively. Learned counsel for the petitioner also avers that petitioner has been implicated on the basis of statement of two persons, namely witness Ravi Kumar Keshari and co-accused Abhijeet Kumar @ Anda-murggi, out of whom the latter has been enlarged on bail. Learned counsel for the petitioner further states that he is in custody since 10.06.2010. Considering the aforesaid facts and circumstances of the case, this petition is allowed. Let petitioner Uttam Paswan be released 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 Chief Judicial Magistrate, Gaya in connection with Gaya Civil Line P.S. Case No.153 of 2006 subject to the condition that one of the sureties must be close family member of the petitioner. Sunil (S. N. Hussain, J.)