IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32660 of 2009 BHOADH PASWAN @ SUBODH PASWAN @ Bhaidh Paswan Son of Bhopal Paswan resident of Village-Dariyapur, P.S. Noubatpur, District-Patna. Versus STATE OF BIHAR ----------- 2 16/9/2009 Heard counsel for the petitioner and counsel for the State. Some time it is deliberate laches or lapses on the part of the prosecution by which cases initially started with a lot of fanfare ends in whimper. Present case is one of them. F.I.R. was lodged in this case in the year 2004 giving rise to Masaurhi P.S. Case No.165 of 2004 and the allegations therein directly implicated the petitioner and other nine persons who are said to have not only indulged into a horrendous act by taking away husband of the Informant from his house but also killing him mercilessly by causing fire arm injury. As usual, even after submission of the charge sheet, only one accused remained within the domain of trial who faced trial in the space of three years, i.e, from 2007 to 2009 and was acquitted of the charge on the ground that the Informant had not identified him and had resiled from the fact that she had even instituted the First Information Report. That is not end of the matter. The petitioner is said to be in custody in connection with another case, i.e, Masaurhi P.S. Case No. 133 of 2004 w.e.f. 2006 and claims that he was remanded in the present case only on 21.2.2009. There is no explanation as to why the petitioner remaining in custody could 2 not have been put on trial along with Co-accused Chitranjan Paswan. This Court, considering the aforesaid aspect of acquittal of co-accused Chitranjan Paswan by the trial court vide judgment dated 27.3.2009, had directed for release of co-accused Sidhi Chouhan and Mahendra Yadav, two other co-accused having similar allegation as that of the petitioner on bail by a common order dated 15.5.2009 and therefore for maintaining parity and consistency in the judicial orders, this Court would also direct for release of the petitioner, namely, Bhoadh Paswan @ Subodh Paswan @ Bhaidh Paswan, on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of S.D.J.M. Masaurhi in Masaurhi P.S. Case No. 165 of 2004, subject to verification of the fact that the petitioner is not an accused in any third case beyond the present case and Masaurhi P.S. Case No. 133 of 2004. If however any third case is pending against the petitioner he will not be released the petitioner on bail and the court below will only take steps for concluding trial of the petitioner expeditiously. Let a copy of this order be sent to the Senior Superintendent of Police, Patna. Abhay Kumar (Mihir Kumar Jha, J.)