IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19869 of 2009 HIRA PRASAD SINGH Versus STATE OF BIHAR ----------- 2. 18.6.2009 Heard learned counsel for the petitioner and learned counsel for the State. This petition for anticipatory bail has been filed by the petitioner, who is an accused for offences punishable under Sections 302/34 of the Indian Penal Code as well as Section 27 of the Arms Act. Learned counsel for the petitioner submits that the allegation against the petitioner is that at his instigation other accused persons shot at the informant’s father and also that the petitioner shot at the informant which did not hit him. Learned counsel for the petitioner further states that the entire allegation against the petitioner is absolutely false and frivolous as the petitioner has got no criminal antecedent and he has been implicated only due to election rivalry which has been admitted in the F.I.R. itself. Learned counsel for the petitioner also avers that there is material to show that the informant and Birendra were not even present at the time of the alleged occurrence. Considering the facts and circumstances of this case as well as the arguments of the parties, this petition is allowed. In case of surrender/arrest within fifteen days from the date of receipt of a copy of this order in the court below, petitioner, namely, Hira Prasad Singh shall be released on bail on furnishing bail bonds of - 2 - Rs.10,000.00 (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Rosera, District Samastipur in connection with Singhia P.S.case No.30 of 2009 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Narendra/ ( S. N. Hussain, J. )