IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8761 of 2008 SUNIL SINGH Versus STATE OF BIHAR ----------- 4. 08.09.2008 Heard learned counsel for the petitioner and the State. Petitioner is an accused in a case registered for the offences under Sections 147, 148, 353, 332,333, 307, 414 of the Indian Penal Code and 27 of the Arms Act. The allegation against the petitioner is to the effect that on raiding the house of the co-accused Santosh Kr. Singh on information by the police that some criminals have assembled there with arms and are in preparation of committing some heinous crime. On reaching the spot it is alleged that firing started from the roof top of the house of Santosh Kr. Singh. The police also made firing, thereafter, firing stopped. In the morning, police entered the house and found that about six of the criminals pretending from them said that the co-accused Santosh Singh and Sunil Singh have hired them for committing the crime and in the night while the firing was going on they fled away. - 2 - It is submitted on behalf of the petitioner that since petitioner was the Ex- Mukhia and his mother is present Mukhia and on account of political rivalry petitioner has been implicated in this case. It is further submitted that although the allegation of firing is from both the side, however, no empty cartridge was recovered from the spot nor any statement of those six criminals who were arrested have been recorded. Learned counsel for the State on perusal of the case diary submits that the allegations in the FIR that the petitioner was also present at the time of firing however, he fled away in the night taking the advantage of darkness, as such, he is not in a position to refute the submissions of the petitioner. He further submits that neither any empty cartridge was found nor any witness has stated the name of this petitioner except the police officials who were members of the raiding party and on their statement first information report was recorded. Having considered the submissions as noted above and the materials brought on - 3 - record, it is directed that in the event of arrest or surrender within a period of four weeks from today, the petitioner, namely, Sunil Singh be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Jamui in connection with Sono P.S. Case No. 47 of 2007 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Jagdish/- (Shailesh Kumar Sinha,J)