IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8033 of 2010 LALLAN PASWAN S/o late Maryad Paswan resident of village Lohara P.S. Chainpur Dist. Kaimur at Bhabua Petitioner Versus STATE OF BIHAR Opp. Party ----------- 05/ 25.06.2010 Heard learned counsel for the petitioner and the State. The petitioner is languishing in jail since 7.4.2008 in a case registered under sections 302, 120B and other allied sections of the Indian Penal Code, 27of the Arms Act as well as 17 of the Criminal Law Amendment Act. It is alleged that several persons fired including the petitioner due to which son of the informant succumbed to the injury. It is submitted by learned counsel for the petitioner that initial firing has been alleged against Shankar Ram and thereafter others also fired including the petitioner. The informant has been examined during trial as PW1 where he has retracted from the averment in the FIR. Moreover, other witness PW2 has not supported the case against the petitioner. Though apart from the present case, there are two other cases against the petitioner which got reflected from the criminal antecedent report at flag “A”. Learned counsel for the State after going though the deposition of the informant submits that the informant has retracted from his initial averment but in the FIR there is specific allegation against the petitioner. Considering the deposition of the informant, let the petitioner be released on bail in connection with Chainpur P.S. Case - 2 - no. 7 of 1999 on furnishing bail bond of Rs 10,000-/ with two sureties of the like amount each to the satisfaction of the Ist Additional Sessions Judge, Kaimura at Bhabua in Sessions Trial No.106 of 2008. The trial court will accept the bail bond only when petitioner is involved in two other cases apart from the present one and will positively cancel the bail bond of the petitioner if he fails to appear on two consecutive dates during trial. shahid (Dinesh Kumar Singh,J))