IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.19852 of 2009 SHATRUGHAN SINGH, SON OF LATE UTTIM SINGH, RESIDENT OF VILLAGE – BELAHIYA, P.S. – TARIYANI, DISTRICT – SHEOHAR ……………….PETITIONER Versus THE STATE OF BIHAR …………………… OPP. PARTY ----------- 2 11.06.2009 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State. The petitioner is an accused in a case under Sections 147, 148, 149, 302 and 120(B) of the Indian Penal Code and Section 27 of the Arms Act and Section 17 of the Criminal Law Amendment Act. Learned counsel for the petitioner submits that although the name of the petitioner has come in the First Information Report, he is not shown to be armed with any weapon nor any overt act is alleged against this petitioner. The final form was submitted showing three persons as accused. Thereafter cognizance was taken against four persons. The petitioner was not amongst the four persons against whom cognizance was taken. Learned counsel submits that as far as this petitioner is concerned, the investigation is pending against him and he is in custody since 9.3.2009. It is submitted on - 2 - the basis of the election identity card annexure – 2 that the petitioner is 70 years of age. Considering the age of the petitioner, I direct the Sub-Divisional Judicial Magistrate, Sheohar, at Sitamarhi to enlarge the petitioner on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each in connection with Tariyani P.S. Case No. 73 of 2008 if the court below finds that the petitioner is above 65 years. Kundan/ (Sheema Ali Khan, J.)