IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35629 of 2009 SUJEET KUMAR @ BABUAN SINGH, SON OF SURENDRA SINGH, RESIDENT OF VILLAGE-PANAPUR, DILAWARPUR, P.S. BIDUPUR, DISTRICT-VAISHALI (BIHAR)…………………………………………PETITIONER. Versus THE STATE OF BIHAR………………..OPPOSITE PARTY. --------- For the Petitioner : M/s. Ajay Kumar Thakur and Anirudh Kumar Singh, Advocates. For the State : Mr. Uma Shankar Prasad Singh, A.P.P. ----------- 4. 4.3.2010. 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 302 and 389/34 of the Indian Penal Code besides Section 27 of the Arms Act and Sections 3/4 of the Explosive Substance Act. It has been submitted on behalf of the petitioner that actually the informant’s side had come to the house of the co-accused, Kundan Kumar, and assaulted them and thereafter it was heard that Randhir Singh had died. It has also been submitted that a case was also registered on the fardbeyan of co-accused, Kundan Kumar Singh. However, - 2 - further contention is that so far as this petitioner is concerned, allegation against him is that he hurled bomb due to which certain persons received injury including the deceased Randhir Singh but in the postmortem report no splinter injury caused by any bomb has been reported. All the injuries are fire arm injury and there is specific allegation against co-accused, Kunal Kumar, Kundan Kumar alias Gautam and Kundan Kumar Singh that they had fired from their pistol upon the deceased causing his death. The allegation of dragging the deceased from the road is also not upon the petitioner rather it is against Kunal Kumar, Kundan Kumar and Brajnandan Singh. The petitioner is stated to be in custody since 7.7.2009. It is submitted that one of the co-accused, Surendra Singh, had already been granted bail by the court below itself. Learned A.P.P. for the State submitted that the allegation against the petitioner is that he hurled bomb causing injury to the deceased, however, in the postmortem report, there are only fire arm injuries. Having regard to the facts and the circumstances of the case, the petitioner, Sujeet Kumar @ Babuan Singh, is - 3 - 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., Hajipur, in connection with Bidupur P.S. Case No.110 of 2008. P.S. (Dr. Ravi Ranjan,J)