IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34385 of 2009 SADAI MAHTO, SON OF LATE SUNARMAN MAHTO, RESIDENT OF VILLAGE DHANWATIA, P.S. JOGAPATTI, DISTRICT-WEST CHAMPARAN AT BETTIAH…PETITIONER. Versus THE STATE OF BIHAR………………………OPPOSITE PARTY. ----------- For the Petitioner : M/s. Arun Kumar and Nirmal Kumar Sinha, Advocates. For the State : Mr. R.P.S. Singh, A.P.P. ---------- 3. 13.11.2009. Heard learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner is an accused in a case registered under Sections 147, 148, 149, 448, 307 and 302 of the Indian Penal Code besides Section 27 of the Arms Act. It has been submitted on behalf of the petitioner that as per the allegation in the F.I.R., the petitioner was only one of the five accused persons who had surrounded the informant and others, however, the allegation of firing causing injury and subsequent death is specific upon the co-accused Ajay Giri and Gauri Shankar Mahto. The petitioner is stated to be in jail custody since 29.5.2009. Learned A.P.P. for the State submitted that the 2 petitioner was one of the five accused persons who were armed and surrounded the informant and others, while they were watching T.V. and C.D., however, the allegation of firing is specific against Ajay Giri and Gauri Shankar Mahto. Having regard to the facts and the circumstances of the case, the petitioner, Sadai Mahto, is directed to be released on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the C.J.M. Bettiah, West Champaran, in connection with Jogapatti P.S. Case No.85/09. P.S. (Dr. Ravi Ranjan, J)