IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.51999 of 2008 SUNIL SINGH S/O-Late Surendra Sharma @ Surendra Singh, R/O-Vill-Shahar Rampur, P.S.-Naubatpur, Distt.-Patna. …………………………………………..Petitioner. Versus STATE OF BIHAR ……………………………………..Opposite Party. ----------- 4/ 09.04.2009 Supplementary affidavit has been filed. Heard learned Counsel for the petitioner, learned Counsel appearing on behalf of the State and learned Counsel for the informant. The petitioner seeks bail in a case which has been registered under Sections 302, 307 and some other Sections of the Indian Penal Code and Section 27 of the Arms Act. Informant’s husband Suresh Singh was encircled by 10 named accused persons. Allegation is that Dharmendra Singh fired upon his head, Anil Singh on stomach and Sunil Singh on left arm of the informant’s husband who died. The motive is selection of the office bearers of Panchayat. Submission is that on the date of occurrence there was free fight between the two groups. There has been counter case against informant of this case i.e. lodged by Geeta Devi against Mithilesh Singh and others vide Naubatpur P.S. Case No. 98 of 2008 and - 2 - one man also died from his side. Further submission is that in view of the matter the petitioner cannot be described to be the assailant of the deceased, if that allegation has been leveled against two persons Anil Singh and Dharmendra Singh. Prayer for bail has been opposed by the learned Counsel for the State assisted by learned Counsel for the informant who has submitted that the petitioner was also one of the assailants. There is a case and a counter case. The murder is on both the sides. Considering the fact that the petitioner is not the direct assailant of the deceased he namely Sunil Singh is directed to be released from custody on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Danapur, Patna in connection with Naubatpur P.S. Case No. 97 of 2008. kksinha/ (Shyam Kishore Sharma, J.)