IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.56497 of 2007 SUJIT KUMAR @ LATHI SINGH Versus STATE OF BIHAR ----------- 3 2.5.2008 Heard both sides. The petitioner is an accused in a case instituted under Sections 147,148,149,323, 448, 380, 302,427 of the Indian Penal Code, 27 of the Arms Act , 3/4 of the Explosive Substance Act and 17 of the Criminal Law Amendment Act. In this case, it appears, a host of extremists numbering more than 150 encircled the village and started beating the villagers. They plundered the house of one Nawratan Mistri which was subsequently also blown. It is further alleged in the First Information Report that while retreating the mob kidnapped two villagers Raj Kumar @ Chhotu and Vishwanath Paswan whose dead bodies were subsequently found in the following morning. Learned counsel for the petitioner submits that in course of investigation the witnesses whose statements appeared in paras – 11, 12, 13, 36 & 39 have stated that they suspect the hand of the petitioner in the alleged mayhem as he was one of the leaders of the People War Group. According to learned counsel for the petitioner, there is no direct evidence to indicate that the petitioner had committed any overt-act in the alleged crime. In a case like this such kind of evidence assumes significance. However, this will be appreciated at the time of trial. Learned counsel for the petitioner impressed upon this court that on the basis of this evidence, the petitioner is languishing in 2 jail since 22.9.2006. Having regard to the facts appearing in the case, this court keeping in view the fact that the petitioner has remained in jail custody since 22.9.2006, is inclined to admit him to bail and accordingly, in the facts and circumstances, let petitioner Sujit Kumar @ Lathi Singh be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the Subdivisional Judicial Magistrate, Masaurhi, Patna, in Masaurhi P.S.Case no.68 of 2004, subject the condition that one of the bailors should be the own family member of the petitioner and the petitioner shall appear before the court below on the date fixed in the case. In case of default in appearing before the court below on two consecutive dates his bail bonds shall be liable to be cancelled by the court below in seisin of the case. Neyaz/ (Kishore K. Mandal, J.)