IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12262 of 2008 AJOY SINGH Versus STATE OF BIHAR ----------- 4. 18/07/2008 Heard Learned counsel for the petitioner and learned counsel for the State. Case is under sections 307, 302/34 of the Indian Penal Code and section 27 of the Arms Act. It is alleged in the F.I.R. that the petitioner and his younger brother Munna Singh had come to meet the deceased and after some altercation they fired at the deceased causing fire arm injury and death. Case diary was called for in this case which has been perused by learned counsel for the State and from perusal of which it transpires that the informant in his further statement specifically alleged that Munna Singh had fired at the deceased. From the statement of the witnesses also it transpires that Munna Singh was the main assailant and he had fired from his pistol upon the deceased. Petitioner being brother had only come to rescue him. It is said that the petitioner is in custody since 6.12.2007. In the circumstances, in view of the fact - 2 - that from the evidence collected during investigation and from the further statement of the informant it is apparent that it was Munna Singh who had fired upon the deceased and not this petitioner, this application is allowed. Let petitioner Ajoy Singh be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of 1st Additional Sessions Judge, Sitamarhi in Sessions Trial No.75 of 2008 (arising out of Sheohar P.S.Case No.143 of 2007). Pradeep/ (J. N. Singh, J.)