IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4358 of 2011 BIJLI PASWAN Versus THE STATE OF BIHAR ----------- 2 11.2.2011 The petitioner is in custody in relation to Magadh University P.S.Case no.16 of 2010, inter alia, instituted under Section 302 IPC read with Section 27 of the Arms Act. In the FIR, the informant alleges that when he and his brother had gone to irrigate , in way, his brother along with three others left at different places from where he saw that about 10- 12 persons came. Out of them ,he could recognize eight persons, who are named. He then stated that they pulled one person i.e. his brother and after identifying him took him away. One person named in the FIR then shot. Other two named in the FIR had shot and complete the work. The petitioner is not named in the FIR. The petitioner’s name come in course of investigation when one Vikash Paswan interrogated .Vikash Paswan is also made co accused and upon his alleged confessional statement, the petitioner has been dragged in this case. Learned counsel for the petitioner submits that learned Sessions Judge has committed an error in noticing that the petitioner has been alleged to be one of the persons , who shot because in the FIR it is specifically mentioned that three named persons fired shot. The post mortem report shows only three bullet wounds. The petitioner has been named by co accused , 2 who himself is not named in the FIR. In the facts and circumstances of the case, let above named petitioner 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 learned C.J.M., Gaya, and Magadh University P.S.Case no. 16/2010. Singh ( Navaniti Prasad Singh, J.)