IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15244 of 2009 PANKAJ KUMAR PASWAN Versus STATE OF BIHAR ----------- 03. 21.05.2009 Heard learned counsel for the petitioner and learned counsel for the State. This petition for bail has been filed by the petitioner, who is an accused for offences punishable under Sections 302 and 34 of the Indian Penal Code as well as Section 27 of the Arms Act. Learned counsel for the petitioner submits that neither he is named in the F.I.R, nor any incriminating article has been recovered from his possession and only on the basis of some suspicion he has been arrested. Learned counsel for the petitioner further states that the learned court below has wrongly relied upon paragraphs 6 to 10 of the case diary, although none of the witnesses have named the petitioner as assailant, whereas they have specifically stated that it was Chootua Raut and another unnamed person who had assaulted the deceased, whereas petitioner was said to be only a member of the unlawful assembly. Learned counsel for the petitioner also avers that the petitioner has got no criminal antecedents but he is in custody since December, 2008. Considering the facts and circumstances of this case as well as the arguments of the parties, this petition is allowed. Let petitioner, namely Pankaj Kumar Paswan, be released on bail on furnishing bail bonds of Rs.10,000.00 (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned - 2 - Chief Judicial Magistrate, Munger in connection with Jamalpur P.S. Case No.158 of 2008. Sunil (S. N. Hussain, J.)