IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3788 of 2009 SHANKAR PASWAN & ANR Versus STATE OF BIHAR ----------- 02. 08.05.2009 Heard learned counsel for the petitioners and learned APP for the State. Though the petitioners were named in the FIR in Kanti P S Case No. 87 of 2004 which was registered under sections 323, 302 and 34 of the Indian Penal Code, submission of the learned counsel for the petitioners is that on investigation being made by the Crime Branch it has come during the course of investigation that these petitioners have been falsely made accused because they happen to be gainfully employed. Petitioner No.1 is reported to be on duty as night watchman in the office of the Sub Registrar, Muzaffarpur and petitioner no.2 was found to be on duty in the Rajkiya Scheduled Castes Awasiya Vidyalaya. Certificates have also been brought on record in support of the said statement made in this regard. It is contended that there is material to show that the petitioners have not indulged in such crime. Submissions made by the learned counsel for the petitioners as above are alibies to be tested in trial but keeping the above circumstances in mind with some evidence as urged, let the petitioners Shankar Paswan and Gonaur Paswan, in the event of arrests and surrender within four weeks before the court below, be enlarged on bail on furnishing bail bonds of Rs.20,000/- with two sureties of the like amount each to the satisfaction of the S.D.J.M., West - 2 - Muzaffarpur, in Kanti P S Case No. 87 of 2004, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure Code. rkp (Ajay Kumar Tripathi, J)