IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.28574 of 2010 AJIT KUMAR @ AJIT YADAV, Son of Late Dwarika Yadav Versus STATE OF BIHAR ----------- 3/ 18.03.2011 Heard learned counsel for the parties. The petitioner apprehends his arrest in a case under Section 302 and other allied sections of the Indian Penal Code, Section 27 of the Arms Act, Section 3/4 of the Explosive Substance Act as well as Section 17 of the Criminal Law Amendment Act. The prosecution case in short is that on 09.02.2009 at 11.45 A.M., Sant Ravidas Jayanti was being celebrated in the village Mahulia Tad in the district of Jamui and in course of that people even from the neighbouring State namely Jharkhand had come on the occasion. In course of celebration, all of a sudden there was explosion and firing. The informant alleged that 100 – 150 Maoists variously armed opened firing at the police personnel, resulting in death of 8 police personnel. Learned counsel for the petitioner submits that petitioner is the Mukhia and a suspicion has been raised against him in the First Information Report, as he did not sustain any fire arm injury, though he was sitting on the dash along with officer- in-charge and other members of the organizing committee. He further submits that the Superintendent of Police, Nawada himself had supervised the case and found that in fact the petitioner sat on dash and had come to the function on the request of officer-in-charge. The Superintendent of Police also 2 stated that this petitioner always used to support the administration against the Maoists. He further submits that the police after investigation had submitted final form in his favour finding him innocent. However, the learned Magistrate differing with the final form has taken cognizance. In the circumstances, in the event of arrest or surrender, petitioner, named above, is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Nawada in connection with Kauwakol P.S. case no. 17 of 2009, subject to the conditions laid down under Section 438(2) of Cr.P.C. Uday/ (Samarendra Pratap Singh, J.)