IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22277 of 2009 LALMUNI PASWAN @ LALMUNI PRASAD, SON OF GIRADHAR PASWAN, RESIDENT OF VILLAGE NIMAHUNDRAHI, P.S. KASMA, DISTRICT AURANGABAD Versus STATE OF BIHAR ----------- For the petitioner : Mr. Birendra Pd. Verma, Sr. Advocate with Mr. Shailesh Kumar Singh, Advocate For the State : Mr. Upendra Kumar, A.P.P. 2. 09.07.2009 Heard learned senior counsel for the petitioner and learned counsel for the State. The case is under Sections 302, 201 and 34 of the Indian Penal Code. It is stated that after investigation, final form was submitted showing the petitioner, who is Mukhiya, as innocent. As such he was not sent up for trial. The said Final Form was accepted by the learned Chief Judicial Magistrate. It appears that during the trial, prosecution filed a petition under Section 319 of the Cr.P.C. on the basis of which the petitioner has been summoned. From the order of the learned court below it appears that the petitioner is not in any way related with the family of the deceased and it was submitted before the learned court below that the petitioner had a duty to inform the police to take steps for institution of the case and - 2 - arrest of the culprits which has not been done. Considering the fact that the petitioner is not in any way related to the family of the deceased nor there is any allegation that he actively participated in the crime, the application is allowed. Petitioner (Lalmuni Paswan @ Lalmuni Prasad) is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the 3rd Additional Sessions Judge, Aurangabad in S. Tr. No.177/03/29/09 arising out of Kasma P.S. Case No.20/02. B.T (J.N. Singh, J.)