IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38427 of 2009 Kameshwar Baitha @ Udheshwr Baitha, son of Jagu Baitha, resident of village Dhanchabar, Police Station Bishrampur, District Palamu (Jharkhand) Versus THE STATE OF BIHAR ----------- 07/ 02.07.2010 Heard learned counsel for the petitioner and the State, Sri Nityanand Tiwari, who has examined the findings of the trial court recorded under orders dated 4.8.2009 by which request of the petitioner for grant of bail was refused in compliance of the orders of this Court dated 26.11.2008 holding that petitioner is also an assailant of the deceased along with two others named in the First Information Report as the assailant. Aforesaid finding has been recorded in the order dated 4.8.2009 by the trial court on the basis of the statement of the witnesses recorded in paragraphs 9,10,14,16 and 17 of the case diary and paragraphs 11,12 and 13 of the supplementary case diary. Learned counsel for the petitioner submitted that from perusal of the statement of the witnesses recorded in the paragraphs referred to in the order dated 4.8.2009 also it will appear that the assailants are Basant Paswan and Nawal Mishra and there being two injuries on the person of the deceased, the case propounded and found by the court below that there was third assailant as well, namely, the petitioner does not appear to be true and contrary to the statement of the witnesses recorded in paragraphs 9,10,14,16 and 17 of the case diary and paragraphs 11,12 and 13 of the supplementary case diary. Aforesaid 2 2 submission of the counsel for the petitioner is also found correct by the learned A.P.P., who has perused the case diary at my request. In the circumstances, I have no option, but to release the petitioner on bail. Accordingly, petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 5,000/- (Rs. Five thousand only) with two sureties of the like amount each to the satisfaction of the F.T.C. No. IV, Rohtas at Sasaram in S.T. No. 170 of 2009, arising out of Nauhatta P.S. Case No. 42 of 2002. Arjun/ ( V.N. Sinha, J.)