IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39258 of 2008 DINESH SHARMA S/O-Late Bhup Narayan Sharma, R/O-Vill-Gorigawan, P.S.-Saraiya, Distt.-Muzaffarpur. ………………………………………Petitioner. Versus STATE OF BIHAR ----------- 3/ 17.12.2008 A supplementary affidavit has been filed. Heard learned Counsel for the petitioner and learned Counsel appearing on behalf of the State. The petitioner is one of the named accused of the case which has been registered under Sections 302, 120(B)/34 of the Indian Penal Code and Section 27 of the Arms Act. About 20 persons are named as accused. Allegation is that amongst the named accused this petitioner Dinesh Singh, Dinesh Sharma, Lalan Sharma and Ashok Singh were standing when the informant’s brother Lal Babu Singh cried then it is alleged that the aforesaid persons have caught his brother and who was fired upon him by Ram Jhanwar Singh and Kaushal Kishore Singh. He died at the spot. Submission is that the assailants of the deceased are Ram Jhanwar Singh and Kaushal Kishore Singh. Allegation against the petitioner, Ashok Singh and others that they were catching the deceased. Ashok Singh has already been enlarged on bail by this Court vide Cr. Misc. - 2 - No. 45709 of 2008 on 26.11.2008 and the case of the petitioner is identical to the case of Ashok Singh. Considering the facts and circumstances of the case, let the above named petitioner be released from custody on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Muzaffarpur in connection with Saraiya P.S. Case No. 125 of 2008. kksinha/ (Shyam Kishore Sharma, J.)