IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.42994 of 2009 SURENDRA SINGH @ SULO SINGH, son of late Gajo Singh, resident of village-Bihata, Police Station-Ramgarh Chauk, District-Lakhisarai. ……..Petitioner Versus The State Of Bihar ……..Opposite Party --------- 03. 31.03.2010 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner apprehends arrest in connection with a case under Section 302/34 of the Indian Penal Code and 27 of the Arms Act. It is alleged in the First Information Report that on the gun shot firing when the informant went outside he found that his son has been killed by gun shot injury. The First Information Report was lodged against five named accused persons but the petitioner’s name was not there. Petitioner’s name has been dragged when some document was recovered form the motorcycle of some other accused person. Learned A.P.P. has submitted that about document, in the case diary it is not mentioned that what kind of document has been recovered and how it connects the petitioner with the crime which is apparent from para 42 of the case diary. Learned counsel for the petitioner has further 2 submitted that petitioner has no criminal antecedent and there is no material in the case diary against him which has not been controverted by the learned counsel for the State. Perused the order of the learned Court below which also does not suggest as what kind of document has been recovered and how it connects the petitioner with the crime. Considering the facts and circumstances of the case, let the petitioner above named, in the event of his arrest or surrender before the Court below within a period of 12 weeks, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Sheikhpura in connection with Barbigha P.S. Case No. 116 of 2002 subject to the conditions as laid down under Section 438(2) Cr. P.C. Shageer (Dinesh Kumar Singh, J)