IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11106 of 2008 SAHDEO SINGH Versus STATE OF BIHAR ----------- 03. 12-5-2008 This is an application for the grant of regular bail in a case of murder against three persons including the petitioner. Nand Kumar Singh lodged FIR alleging therein that he along with Arjun Singh and Vijay Singh was sitting at the door of Anil Singh on the occasion of Tilak ceremony. It is alleged that Sahdeo Singh, Mukhiya of the Village, and his brother Jhingur Singh having rifle in their hands and his son Shiv Mandir having a double barrel gun were sitting there. In the meantime, his nephew Gabudh Singh came there. Seeing Gabudh Singh, accused Sahdeo Singh, Jhingur Singh and Shiv Mandir opened fire indiscriminately from their arms in hand causing the death of Gabudh Singh. Learned lawyer for the petitioner submits that the motive of the occurrence has not been stated in the first information report. He submits that the deceased was a veteran criminal wanted in so many cases. He submits that the deceased was convicted in a case of murder of the father of the petitioner and in that case the petitioner happened to be a witness. He submits that for that reason the petitioner has falsely been implicated in this case. He further submits that the occurrence is said to have taken place at the door of Anil Singh where so many persons were assembled on the occasion of Tilak ceremony but none of them has supported the case of prosecution. As such he submits that there is none except the informant and his relations who - 2 - have stated that petitioner opened fire causing the death of the deceased. He, therefore, prays for grant of bail. Learned State counsel after perusal of the case diary submits that independent witnesses who were present at the place of occurrence did not name the persons to have opened fire; they have stated that some persons opened fire but they could not see them. Considering the submissions made, petitioner Sahdeo Singh who is in custody from 21st January, 2008 is directed to be released on bail on furnishing bail bond of Rs.10, 000/- with two sureties of the like amount each to the satisfaction of the S D J M, Ara in Udwantnagar P S Case No. 58 of 2003. rkp (Anwar Ahmad, J)