IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25875 of 2009 JAGDAMBA SINGH @ ANUP SINGH Versus STATE OF BIHAR ----------- 03/ 07-11-2009 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. The petitioner is an accused in Chainpur P.S. Case No. 88 of 2008 for offences punishable under Sections 147, 148, 149 and 302 of the Indian Penal Code and Section 27 of the Arms Act. Learned counsel appearing on behalf of the petitioner with reference to the allegation made in the F.I.R. in so far as the petitioner is concerned, submits that only allegation as against the petitioner is of firing a shot at the deceased and which has missed. He submits that there are specific allegation of attack with knife and lathi against co-accused but the petitioner has not been attributed any role to the said assault. He further submits, with reference to the postmortem report, which has been brought on record vide Annexure-2 to the supplementary affidavit filed today in the proceeding and that the death of the deceased has been attributed to injury no. 5 which is a knife injury. He submits that even according to the F.I.R. the petitioner was not carrying knife and thus the injury cannot be attributed to the petitioner. He further submits that the involvement of the petitioner is by reason of being a charge - 2 - sheet witness as against the deceased. In the circumstances, let petitioner Jagdamba Singh @ Anup Singh be released on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Kaimur at Bhabua in connection with Chainpur P.S. Case No. 88 of 2008. S.Sb/- (Jyoti Saran, J.)