IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36783 of 2010 BIRBALI PASWAN Versus STATE OF BIHAR ----------- 02. 05.10.2010. Heard the learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner, Birbali Paswan, is in custody since 17.02.2010 in connection with Sessions Trial No.339/2010 (arising out of Sikta P.S. case No.41/2000) for offences 302/34 of the Indian Penal Code and 27 Arms Act. According to the prosecution case, 4 persons chased the father of the informant making indiscriminate firing. Thereafter, his father felled down and one of the co-accused, namely, Guddu Mishra, fired at the temple of his father from very close range and as a result of which informant’s father died. Doctor also found only one fire arm injury at temple of the deceased. The co-accused, Guddu Mishra has already been convicted by the Sessions Court after full- fledged trial. The co-accused, Rustam Ali, has been acquitted after trial. The learned counsel for the petitioner submitted that the case of this petitioner is on same footing as of Rustam Ali. Considering the above facts and circumstances of the case, the petitioner above named is directed be released on bail on furnishing bail bond of Rs.5,000 (five thousand) with two sureties of the like amount each to the satisfaction of the Court of Addl. Sessions Judge, Fast Track Court-IV, Bettiah, West Champaran in connection with Sessions Trial No.339/2010 (arising out of Sikta P.S. case No.41/2000). Sanjeev/- (Mungeshwar Sahoo,J.) 2