IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19040 of 2011 Sushil Singh, S/O-Lalan Singh Versus The State Of Bihar ----------- 03 18.07.2011 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is languishing in jail custody since 10.05.2010 in a case registered under Sections 302/34 of the Indian Penal Code and 27 of the Arms Act. It would appear from perusal of the first information report that on the alleged date of occurrence petitioner and other accused came on motorcycle and co-accused Chandan Singh opened fire on the deceased Dev Kumar Rai at the instigation of Lalan Singh and after that Lalan Singh and Babloo Singh opened fire causing fire arm injury to a passer-by. So far as petitioner is concerned, he was simply a member of unlawful assembly though it is stated that prior to the alleged occurrence the father of the informant was murdered by petitioner and others for which a case was instituted and in the said case after investigation, police submitted final form in respect of the petitioner and a protest petition was filed in the court and the deceased was doing pairvi in the aforesaid protest petition and that was the reason he was killed by the petitioner and other accused persons. Considering the aforesaid facts and circumstances as well as role played by the petitioner in the alleged crime, 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 2 satisfaction of Chief Judicial Magistrate, Vaishali at Hajipur in connection with Hajipur Town P.S. Case No. 517 of 2007. SHAHZAD ( Hemant Kumar Srivastava, J.)