IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10993 of 2010 KESHO PASWAN son of late Jhagru Paswan, resident of village Derhuya, Police Station Azimabad, District Bhojpur, ….Petitioner Versus THE STATE OF BIHAR… …OPPOSITE PARTY For the Petitioner: Mr. Rahul Nath, Advocate For the State: Mr. U.S.P. Singh, APP ----------- 2 13.04.2010 Heard learned counsel for the petitioner and the State. The petitioner is in custody and seeks bail in a case registered under sections 302 and 34 of the Indian Penal Code. As per the allegation set up in the first information report, it is stated that co-accused Satish Yadav, Bimal Yadav, Nirmal Pal and Nagendra Sah had fired from their respective firearms upon the deceased. However, the petitioner was also a member of the unlawful assembly. It is submitted on behalf of the petitioner that even if the allegation is assumed to be true he is not the assailant and further, nine accused persons had allegedly fired, but there are only two injuries on the person of the deceased. It is further submitted that two co-accused 2 persons, Jaya Bind and Uttam Yadav, who are on similar footing, have already been granted bail by a Bench of this Court vide order dated 12.03.2010 in Cr. Misc. Nos. 7626 of 2010 and 8208 of 2010. Learned counsel for the petitioner has produced a certified copy of the aforesaid order. Let it be kept on the record. Having regard to the facts and circumstances of the case, I direct the abovenamed petitioner, KESHO PASWAN, 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 the Chief Judicial Magistrate, Bhojpur at Ara in Narayanpur Police Station Case No. 05 of 2009. SC ( Dr. Ravi Ranjan, J.)