IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40786 of 2008 Shyam Nandan Singh son of Late Nabab Singh, resident of Village- Champapur, P.S.Bakhtiyarpur, District-Patna. ----Petitioner. -Versus- The State of Bihar………………………..Opposite Party. ----------- 3. 13.01.2009. Heard the counsel for the petitioner and the State. The petitioner who is a constable is apprehending his arrest in connection with Chakai P. S. Case No.23 of 2003 registered for offences under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act. Counsel for the petitioner submits that the informant is the wife of Mahjid Mian who was a veteran criminal. The police party raided the house of Mahjid Mian(deceased)to arrest him in connection with another case, the villagers surrounded the police party and started firing on them. The firing was also made by the raiding party in which the husband of the informant that is Mahjid Mian received fire arm injury in the chest and arm and died. The firing was made on the command of the superior officials in discharge of the official duties. Considering these facts, the prayer for Anticipatory bail on behalf of Shyam Nandan Singh is allowed. In the event of arrest or surrender within four weeks from today, the petitioner Shyam Nandan Singh is directed to be released on Anticipatory bail on furnishing bail bonds of Rs.10,000/-((Ten Thousand) with two sureties of the like - 2 - amount each to the satisfaction of the Chief Judicial Magistrate, Jamui in connection with Chakai P.S. Case No. 23 of 2003 subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. U.K. (Mridula Mishra, J)