IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.51069 of 2007 SANJAY SINGH Versus THE STATE OF BIHAR ----------- 03. 15.05.2008 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner is an accused for offences punishable under Sections 341,307,326/34 of the Indian Penal Code to which subsequently Section 302 of the Code was added. Learned counsel for the petitioner submits that the fardbeyan was lodged by the deceased himself in which he had specifically stated that other co-accused person, namely Chandramauli Singh, who was along with some other accused persons, fired at him due to which he was injured. Learned counsel for the petitioner further states that from the said FIR it is quite apparent that there is no allegation of any overt act against the petitioner, rather from the FIR it is apparent that the petitioner was trying to stop the main assailant Chandramauli Singh, but since Chandramauli Singh was there along with several other co-accused persons, the petitioner could not do anything. However, subsequently it was the petitioner himself who had brought the deceased to the hospital. Learned counsel for the petitioner also avers that the petitioner has got no criminal antecedents and he is in custody since September, 2007. In the aforesaid facts and circumstances, this petition is allowed. Let petitioner, namely Sanjay Singh, be released on bail on furnishing bail bond of Rs.10,000.00 (rupees ten thousand) with two - 2 - sureties of the like amount each to the satisfaction of learned A.C.J.M., Sheikhpura, District Sheikhpura in connection with Barbigha P.S.Case No.309 of 2003. sunil ( S.N.Hussain,J.)