IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1491 of 2011 SHIBU YADAV, SON OF DHAN SUKH YADAV Versus THE STATE OF BIHAR ----------- 02 23.02.2011 Heard learned counsel for the petitioner as well as learned Public Prosecutor for the State. Petitioner seeks his bail in connection with Sessions Trial No. 188A of 2000 pending before Additional Sessions Judge, Fast Track Court-3, Khagaria for the offence under Sections 302/34 of the Indian Penal Code. It would appear from perusal of the record as well as submissions of learned counsel for the petitioner that originally, Alauli P.S. Case No. 38 of 1998 was registered under Section 302 and other minor Sections of the Indian Penal Code as well as 27 of the Arms Act against the petitioner and some other co-accused persons. After investigation, the petitioner was not sent up for trial and cognizance was not taken against him. The other co-accused persons were put on trial and in course of trial, some prosecution witnesses have stated about the participation of the petitioner in the alleged crime and on the basis of deposition of the above stated prosecution witnesses, the petitioner has been summoned by the trial court to face trial along with the above stated co-accused persons. Even, if the participation of the petitioner assumes to be true for the sake of convenience, then also, it was co-accused Makeshwar Yadav, who opened fire on the deceased. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge, Fast Track Court-III, Khagaria in connection with above stated Sessions Trial No. 188A of 2000 arising out of Alauli P.S. Case No. 38 of 1998. Shahzad (Hemant Kumar Srivastava, J )