IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25104 of 2011 Shashi Kumar Singh @ Shashi Singh son of Janardhan Singh, resident of village-Dewasthapur, P.S.-Itarhi, District-Buxar. Versus The State of Bihar ----------- 2. 29.7.2011. Heard learned counsel for the petitioner and learned counsel for the State. It is submitted on behalf of the petitioner that offence under section 307 of the Indian Penal Code is not made out as according to the first information report, allegation against the petitioner is that he assaulted by butt of pistol on the head of the informant’s son. It is further submitted that the police on conclusion of investigation charge-sheeted five accused persons but the petitioner was not sent up for trial. However, the Chief Judicial Magistrate, Buxar differing with the police report took cognizance of the offence against the petitioner also. Taking into consideration the fact that the police on conclusion of investigation submitted final report against the petitioner, let the petitioner, namely, Shashi Kumar Singh @ Shashi Singh, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/communication of the order be released on bail on furnishing bail bonds of Rs.5,000/- (five thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Buxar in connection with Itarhi P.S. Case No.25 of 2008 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Md.S. ( Ashwani Kumar Singh, J.) 2