IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.50809 of 2008 MAHESH SINGH, son of Balmiki Singh, resident of village – Maheshwari, P.S. – Sono, District - Jamui Versus STATE OF BIHAR ----------- 2/ 21.1.2009 Heard. It is true that the petitioner is also alleged to have fired a shot but it has definitely been alleged that after a shot fired by Madan Singh had hit the deceased in his belly, the petitioner fired the shot and that did not hit anyone. Initial allegation against the petitioner is that he ordered to fire. Contention is that the petitioner could be merely an order giver and probably the later allegation was made against the petitioner so as to give a graver look to the acts complained against the petitioner. The incident occurred on account of objection by the deceased to the criminal activities of the accused persons. Regard being had to the nature of allegation of being an order giver, let petitioner above named be released on bail on furnishing bail bond of Rs.10000/(ten thousand) with two sureties of the like amount each to the satisfaction of District and Sessions Judge, Jamui in S.T. No. 194 of 2 2008 arising out of Sono P.S. case no. 117 of 2001. It is made very clear that if the petitioner is found indulging into any other criminal activities of a nature which puts the peace and tranquility of the society in jeopardy or in case the petitioner is found indulging in intimidating any of the witnesses or bullying them or putting up any threat which could be treated as tampering of evidence, then in that case and in case of the court below being satisfied, the court below shall assume that the present order has not been passed and take steps for taking the petitioner into custody. Anil/ ( Dharnidhar Jha,J )