IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26560 of 2010 ASHWANI KUMAR @ FUDDU Versus STATE OF BIHAR ----------- 2. 05.8.2010. Heard learned counsel appearing on behalf of the petitioner and the learned counsel appearing on behalf of the State. The petitioner is in custody in connection with Hajipur (Sadar) P.S.Case No.388 of 2009 for offence punishable under section 302/34 of the Indian Penal Code and section 27 of the Arms Act. Learned counsel for the petitioner submits that two divergent statements were made by the informant one at the stage of institution of the case and other in course of the investigation as regarding the manner of injury caused by this petitioner. Learned counsel submits that whereas the cause of death at the stage of institution of the case was attributed by the gun shot injury attributed to the petitioner but the post mortem report of the deceased does not show any gun shot injury to the deceased and the informant thereafter has modified his statement by alleging that this petitioner hit his brother with an iron rod, which by itself creates suspicion as regarding 2 the set of allegations. Regard being had to the circumstances and the submissions, let petitioner Ashwani Kumar alias Fuddu 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 the Chief Judicial Magistrate, Vaishali in connection with Hajipur (Sadar) P.S.Case No.388 of 2009, subject to the conditions that the petitioner would cooperate in the trial of the case and would ensure his representation before the court below on each and every date fixed in the case and if he fails to do so on two consecutive dates fixed and in any manner delays the trial, the court below shall be at liberty to initiate proceedings for cancellation of his bail bond and for taking him into custody. ahk (Jyoti Saran, J.)