IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19508 of 2010 FULDEO MANDAL, SON OF KUSUM LAL MANDAL, RESIDENT OF VILLAGE – SAHEBGANJ, P.S. NARPATGANJ, DISTRICT – ARARIA. Versus STATE OF BIHAR ----------- 02/ 09.06.2010 Heard counsel for the petitioner and counsel appearing for the State. Initially FIR was instituted for offence under Section 307 and other sections of the IPC and Sections 26 & 27 of the Arms Act but subsequently section 302 IPC was added since the injured died. Counsel for the petitioner submits that the petitioner is not the assailant as per the allegation in the FIR, he is only the member of the unlawful assembly. As per the prosecution case it was Arjun Mehta who fired on the deceased. Considering these facts, prayer for bail on behalf of petitioner Fuldeo Mandal is allowed. He is directed 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, Supaul in connection with T.R. 2 No. 722 of 2004 arising out of Bhimpur (Balua Bazar) P.S. Case No. 47 of 1998, G.R. No. 523 of 1998, subject to the condition that petitioner will participate in the trial on regular basis without absenting him. In case of his absence, his bail bond shall be cancelled. DKS/ (Mridula Mishra, J.)