IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34054 of 2008 SHAMBHU KUMAR @ SHAMBHU PASWAN, S/O SHYAM DAS PASWAN, RESIDENT OF VILLAGE- CHAKHABIND (BIRJU MILKI) P.S.- HARNOUAT (CHERO), DISTRICT- NALANDA…………….PETITIONER Versus THE STATE OF BIHAR……………..OPPOSITE PARTY For the petitioner:- Mr. Ramakant ,Sr. Advocate and Mr. Sanjay Kumar @ Manu, Advocate For the State:- Mr. Sanjay Kumar, Advocate ----------- 04 22.10.2008 Heard learned counsel for the petitioner as well as for the State. Petitioner is facing prosecution under Sections 147, 148, 149, 324, 307, 302 of the Indian Penal Code and 27 of the Arms Act. Learned counsel for the petitioner submits that it is apparent from the First Information Report that the petitioner is merely one of the several co-accused which could be termed as order giver. In fact, there is specific allegation against one co-accused namely, Mukhlal Paswan, of firing at the victim who subsequently died due to injury. It is further submitted that several charge-sheets have been filed in this case. Charge-sheet against the petitioner has been filed in the year 2006. Further submission is that five persons have been put on trial including the main assailant Mukhlal Paswan and a judgment of acquittal has been passed in their favour which is on record as Annexure-5. It has been further stated that the petitioner is of tender age and he is a student and has qualified Preliminary Test for Bihar Public Service Commission. - 2 - Learned counsel for the State submits that petitioner has evaded his arrest for long-time. In the facts and circumstance of the case, I direct the petitioner namely, Shambhu Kumar @ Shambhu Paswan, to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Nalanda in connection with Harnout (Chero) P.S. Case No. 141 of 2003. P.K. (Dr. Ravi Ranjan, J.)