IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14778 of 2009 AJIT KUMAR @ AJIT YADAV Versus STATE OF BIHAR ----------- 5 08.04.2010. Heard learned counsel for the parties. Petitioner apprehends his arrest in a case u/s 302,307,324,326,353,379,120B,121A of the I.P.C., 27 of the Arms Act, section 17 f the Cr. Law. Amendment Act and ¾ of the Explosive Substance Act. The prosecution case in short is that on 9.2.2009 at 11.45 am St Ravidas Jayanti was being celebrated in village Mahulia Tad. As a lot of people from the neighbouring district of Jamui as well as from the State of Jharkhand were to participate, so police personnel in good number were present for controlling law and order. It would appear that this petitioner had also requested the police personnel to be present on the occasion. In course of celebration, all of a sudden there was explosion and firing. The informant alleged that 100-150 Maoist variously armed were firing at the police personnel. In course of firing two police officials including officer in charge of Kawakol Police Station and ten constables were murdered. Besides this, 7 police personnel sustained fire arm injuries. Learned counsel for the petitioner submits that he has been named in the FIR of this case merely on the ground that he is a Mukhia of the village, organized the celebration, invited police personnel and orchestrated the firing in which 12 police personnel were killed, however, neither he nor any of his security guard - 2 - received any injuries. Leaned counsel has filed a suppl. affidavit annexing a copy of memo addressed by police inspector cum officer in charge, Nagar Nawada to the CJM, Nawada. In the aforesaid report, the Inspector mentioned that the case was supervised by the Superintendent of Police, Nawada himself and in his supervision note he stated that up till now, the implication of this petitioner and his guards has not transpired. Learned counsel submits that one of the named accused and some unnamed accused have been allowed regular bail by a Bench of this Court. In the facts of the case, let the petitioner as above be released on bail in the event of surrender within six weeks on furnishing bail bond of Rs.5,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Nawadah in Kauwakol Police Station case no. 17 of 2009 till submission of final form/charge sheet. Shashi. (Samarendra Pratap Singh, J.)