IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.780 of 2011 AJAY TIWARY Versus THE STATE OF BIHAR ----------- 3 04.03.2011 Heard learned counsel for the petitioner as well as learned counsel for the state. The petitioner seeks bail in connection with Sitamarhi P.S. Case No. 514 of 2010 registered under sections-302, 120B/34 of the Indian Penal Code and section-27 of the Arms Act. It would appear from the record that the above-said case was registered on the basis of written report given by some Ram but the contents of aforesaid written report reveals that the aforesaid written report had been given by one, Bhup Narayan Paswan. Moreover, there is allegation in the written report that this petitioner alongwith other FIR named accused persons opened fire on informant’s son as a result of which he died then and there. It is fairly conceded by Additional Public Prosecutor that in course of investigation, when the re- statement of above-said Bhup Narayan Paswan was recorded, he specifically stated that the petitioner had only conspired in the alleged crime and he did not take active part in the above- said occurrence. Furthermore, learned Addl. P.P. fairly conceded that the witnesses in course of investigation stated only against two accused persons who are said to have killed - 2 - the deceased and they said nothing against the petitioner Considering the aforesaid facts and circumstances as well as submissions advanced on behalf of the parties, let the petitioner, namely, Ajay Tiwary be released on bail on furnishing bail bond of Rs 10,000/- (ten thousand) with two sureties of the like amount each in connection with Sitamarhi P.S. Case No. 514 of 2010 to the satisfaction of Chief Judicial Magistrate, Sitamarhi. AKV/- (Hemant Kumar Srivastava,J.)