IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12235 of 2009 RAJ KUMAR SINGH Versus The STATE OF BIHAR ------ For the Petitioner : Mr. Markendey Singh, Sr. Advocate. Mr. Kumar Rajeev For the State : Mr. Gopesh Kumar, A.P.P. ------ 2/ 22.04.2009 Heard learned counsel for the petitioner and learned counsel for the State. Submission of the learned counsel for the petitioner is that there was a dispute in between Ashok Agrawal and Vijay Thakur. For the relevant date, three first information reports were lodged, but one thing is admitted that security was provided to Ashok Kumar Agrawal. Keeping in view only the incident in which he or his wife was attacked. Thereafter, this incident took place. According to the petitioner’s version, it was Vijay Thakur, deceased and his men, who intercepted Ashok Agrawal while he was returning from Katihar. There was firing and cross firing. According to the present F.I.R., firing and cross firing was due to insisting of the measurement of the land. Thereafter, it is said that Vijay Thakur fled from there and entered into the house where the Police Party reached. He asked to come out from the house and when he came out, he was shot dead. According to the learned counsel, everything was done by the Police Party in his official capacity. Further, two constables have been shown causing firing. There was no ill motive of the Police and there is no specification that petitioner was the real assailant. So petitioner’s arrest at the moment cannot be justified. 2 I agree with the submission of the learned counsel. Accordingly, the prayer of the petitioner is allowed. In the event of arrest or surrender within one month from today in connection with Katihar (Moffasil) P.S. Case No. 122 of 2008, above named petitioner shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Katihar subject to the conditions as laid down under Section 438(2) of Cr. P.C. shail (Mandhata Singh,J.)