IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.33036 of 2011 Pappu Paswan Versus The State Of Bihar ----------- 03/ 08.12.2011 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner is in jail custody since 18.5.2011 in a case registered under section 302/34 of the IPC and 27 of the Arms Act. Petitioner is named in the first information report but admittedly, informant is not an eye witness of the alleged occurrence and he came to know about the alleged occurrence from his daughter- in-law, namely, Prema Devi and his son Shiv Narain Sada. In course of investigation statement of Prema Devi has been recorded at para 28 of the case diary in which she stated that prior to the alleged occurrence petitioner and one co-accused Azad Sada came to her home and took the deceased with them and subsequently, she heard the sound of firing. Learned counsel for the petitioner submits that as per prosecution case petitioner was hired by co-accused Mithlesh Mahto to commit murder of the deceased and the aforesaid fact had been disclosed by the petitioner to the deceased. So, if the aforesaid statement of the informant is correct then it is not possible that the deceased would leave his home in the company of the petitioner. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner, Pappu Paswan, be released on bail on furnishing bail bonds of Rs 10,000/- with two - 2 - sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Khagaria in Khagaria (Gangour) P.S. Case no. 517/2010. shahid (Hemant Kumar Srivastava,J)