IN THE HIGH COURT OF JUDICATURE AT PATNA CR. MISC. NO.39297 OF 2008 LAKHENDRA PASWAN, SON OF LATE SUMINDRA PASWAN, RESIDENT OF VILLAGE- IBRAHIMPUR, P.S. NOORSARAI, DISTRICT NALANDA VERSUS STATE OF BIHAR ----------- 2 01/10/2008 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner seeks bail in a case registered under sections 353, 307/34 of the Indian Penal Code and section 25(1-B)A, 26, 27 and 35 of the Arms Act. In course of exchange of firing, one Chhote Paswan died and the case has been registered against Chhote Paswan. Submission is that the petitioner is not named in the FIR and he is in custody since 2.2.2006. He has not been put on test identification parade and nothing has been recovered from him which can link him with the alleged offence. During trial, seven witnesses have been examined and none have supported the prosecution case. Considering the facts and circumstances of the case, the petitioner Lakhendra Paswan is directed to be released on bail on furnishing of bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge, F.T.C. No. IV, Nalanda at Biharsharif in Sessions Trial No. 449 of 2006 arising out of Rahui P.S. Case No. 143 of 2004. avin (Shyam Kishore Sharma, J.)