IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11606 of 2011 DILIP MAHTO Versus THE STATE OF BIHAR with Cr.Misc. No.7698 of 2011 CHANDESHWAR PASWAN Versus THE STATE OF BIHAR ----------- 02. 22.04.2011 Petitioners are apprehending their arrest in a case registered under Sections 302, 120B of the I.P.C. The accusation in the F.I.R. is that when the victim was returning on a motorcycle along with one Ajay Paswan at 7:00 P.M. in the evening, Shyam Paswan was following the deceased along with one unknown person when the firing was resorted to and subsequently the neck of the victim was slit. It is submitted by learned counsel for the petitioners that though petitioners were named in the F.I.R. but the informant in first part of the F.I.R. has stated that there was enmity between the parties and subsequently Ajay Paswan after one and half months of the occurrence, on 01.12.2010 has stated in 161 Cr.P.C. statement that the petitioner was driving the motorcycle when Shyam Paswan resorted to fire. It is further submitted that when the informant was known to the petitioners then there was no occasion for the informant not to state this fact in the F.I.R. which suggests that 2 informant had not seen the occurrence. It is also submitted that deceased had serious criminal antecedent and there is no eye witness to the occurrence. Learned counsel for the State Mr. Thakur submits that petitioners were named in the F.I.R. and the informant has subsequently named the petitioner as person who was driving the motorcycle on which accused Shyam Paswan was travelling. Considering the aforesaid facts, let the petitioners namely 1. Dilip Mahto 2. Chandeshwar Paswan, in the event of their arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of te like amount each to the satisfaction of Chief Judicial Magistrate, Sitamarhi in connection with Parihar P.S. Case No. 147 of 2010 corresponding to G.R. No. 2806 of 2010. Shageer ( Dinesh Kumar Singh, J)