IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3545 of 2008 PREM CHANDRA SINGH Versus THE STATE OF BIHAR ----------- 5. 24.6.2008. Heard the learned counsel for the petitioner and counsel appearing on behalf of the State and the informant. The petitioner is an accused in a case under Sections 302/34 of the Indian Penal Code. The allegation in the First Information Report is that there was a theft in the ‘Temple’ and the villagers called for a ‘Ojha’ to disclose the name of the person who had committed the theft. A ‘Panchayati’ was held on 17.9.2007 wherein the deceased was called for by the ‘Sarpanch’. In the meantime, it is alleged that several persons mentioned in the First Information Report assaulted the deceased which caused his death. The allegation against the petitioner is that he being the ‘Sarpanch’ should have prevented the occurrence. Learned counsel for the petitioner submits that at paragraph no.81 of the case diary it has been revealed that the petitioner has also received injuries while he was trying to prevent the mob for assaulting the deceased. Learned counsel for the informant vehemently opposes the bail application and submits that the ‘Sarpanch’ ought to have prevented the mob and should have informed the police to stop such an occurrence. The petitioner has remained in custody since - 2 - 19.9.2007. Be that as it may, the petitioner Prem Chandra Singh is directed to 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, Sitamarhi in connection with Bairgania P. S. Case No. 127 of 2007. U.K. (Sheema Ali Khan,J)