IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31742 of 2008 SURENDRA PRASAD Versus STATE OF BIHAR ----------- 2. 13/8/2008 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner has been made accused in a case instituted under Sections 147, 148, 149, 447, 302, 504 of the Indian Penal Code and Section 27 of the Arms Act. Allegation is that about 11 persons armed with lathi and rifles came to the ‘Bathan’ of the informant and started abusing to the father of the informant and on objection, co- accused Lakhan Prasad ordered to kill and another co-accused Shankar Prasad fired upon the deceased by his rifle. Learned counsel for the petitioner submits that so far the allegation against the petitioner is concerned, petitioner is only a member of mob and there is no specific allegation of assault against him. He submits that the specific allegation is against co-accused Lakhan Prasad that upon his order one Shankar Prasad fired from his rifle. He further submits that the petitioner has been implicated in this case due to enmity between the parties. It is stated that as per the order of the Sessions Judge, the petitioner is under custody since 26.4.2008. Learned counsel for the State submits that it is a case of rivalry between two groups and it has come that the - 2 - deceased was also accused in some other murder case. He further states that the petitioner has shared the similar common intention as that of shooter and order giver. In the facts and circumstances of the case and in view of the submissions made on behalf of the parties, petitioner Surendra Prasad is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaftion of Chief Judicial Magistrate, Nalanda, in connection with Silao P.S. Case No. 29 of 2008. S.Ali (Dr. Ravi Ranjan, J.)