IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32928 of 2009 1.DEEPAK PASWAN Son of Baiju Paswan 2.Amar Nath Paswan Son of Laddu Paswan 3.Ram Prit Das @ Ram Pati Das @ Ram Perti Das, Son of Late Bilas Das All resident of Village-Hasanpur Kirt, P.S. Kalyanpur, District-Samastipur. Versus STATE OF BIHAR ----------- 2 5/10/2009 Heard counsel for the petitioners and counsel for the State. Allegation against the petitioners in the First Information Report, as has been brought forward is by a person, who is not an eye witness. Though a few of them have claimed to be eyewitnesses to the occurrence, they were not named by the informant nor have they given any explanation as to why the matter was not reported by them to the police when they had seen the occurrence. Moreover there is an omnibus allegation of assault against 10 to 11 persons in the belated version of the aforesaid eyewitnesses recorded in paragraph no. 8 to 12 of the case diary. There is also material to show in the case diary that one of the co- accused Pawan Paswan had a suspected illicit relationship with wife of the deceased and that a few days earlier the said co- accused was brutally thrashed by the deceased for that very reason. All these circumstances therefore raise serious doubt on the prosecution case. There being thus nothing specific against the petitioners, who are also said to have no criminal antecedent (Para-6), this Court is inclined to grant bail to the petitioners. 2 Accordingly, the petitioners, namely, 1.Deepak Paswan, 2.Amar Nath Paswan and 3.Ram Prit Das @ Ram Pati Das @ Ram Perti Das are directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Samastipur in Kalyanpur P.S. Case No. 87 of 2009. Abhay Kumar (Mihir Kumar Jha, J.)