IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.51766 of 2008 JANG BAHADUR SINGH, son of late Bahalu Singh, resident of village- Baduri, P.S.-Durgawati, District-Kaimur----Petitioner. Versus STATE OF BIHAR ----------- 3. 27.4.2009 Heard learned counsel for the petitioner and the State. The submission of learned counsel for the petitioner though vehemently opposed by the learned counsel for the informant that enmity was prevailing in between the parties, threatening was given and informed to the police and only fire arms was used by one of the accused persons, namely, Bir Bahadur Singh @ Lucky Singh. There is every possibility of false implication of the rest of the family members including this petitioner. Taking that into consideration rest of the co- accused persons excluding Bir Bahadur Singh were allowed though regular bail and finding no allegation of overt act petitioner’s arrest cannot be justified at the moment. I agree with the submission of the learned counsel. Accordingly, in the event of arrest or surrender within one month from today in Durgawati P.S. case no.87 of 2008, the above named petitioner shall 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 the Chief Judicial Magistrate, Kaimur , subject to the condition as laid down under section 438(2) of the Code of Criminal Procedure. Sudip ( Mandhata Singh, J )