IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.23720 of 2011 Ashok Singh Versus The State Of Bihar ---------------------------------- For the petitioner; Mr. Sanjay Kumar @ Manu, advocate For the State; Mr. Anant Kumar, APP 3 24-10-2011 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the state. The petitioner is in jail custody since 08-11-2010 in Tandwan P.S. Case No. 31 of 2010 registered for the offence under Sections-364, 324, 302, 201, 120B of the Indian Penal Code and 27 of the Arms Act. Petitioner is not named in the first information report but in course of investigation, it came to light that the deceased had gone to village-Ganu and they tried to forcibly enter into the house of one, Dulari Devi. The aforesaid act of the deceased was protested by several villagers and in course of aforesaid protest, both the deceased were killed by villagers. In course of investigation, the name of this petitioner came in light but even if the evidence collected by the I.O. assumed to be true, then also, it was co-accused, Sanjay Singh who opened fire on the deceased, Ship Deep Singh and subsequently, another deceased was killed by the mob. So, it is clear from the materials available in the case diary that no specific overt act has been attributed against the petitioner. Taking into consideration the aforesaid facts and 2 circumstances as well as submission of the parties, let the petitioner, namely, Ashok Singh be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each in connection with Tandwan P.S. Case No. 31 of 2010 to the satisfaction of Chief Judicial Magistrate, Aurangabad. A.k. Vishwakarma/- (Hemant Kumar Srivastava,J.)