IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10728 of 2009 SURENDRA SINGH @ SURENDRA PRASAD SINGH, son of Late Ram Swarup Singh, resident of village Akilpur, Police Station Sonepur, District Saran Versus STATE OF BIHAR ----------- 02/ 20.05.2009 Heard learned counsel for the petitioner and the State. Petitioner is apprehending his arrest in connection with a case registered for the offence under Sections 302/34 of the Indian Penal Code and Section 27of the Arms Act. He is named in the First Information Report along with eight others and he is said to be the order giver for leading the assault on the deceased. Learned counsel for the petitioner submitted that the prosecution story is absolutely false as on the date of occurrence, petitioner was not even present on the place of occurrence, as has been found by the Investigating Agency also. Let the petitioner surrender in the court of Chief Judicial Magistrate, Saran (Chapra) in connection with Sonepur P.S. Case No. 129 of 2008 within four weeks from today with prior intimation to the prosecution agency about his date of surrender so that the case diary is available for appreciating his submission regarding the verification of his plea of alibi. This application is, accordingly, disposed of. Let this order be communicated to the court below through fax on payment of usual charges by the petitioner. Arjun/ ( V.N. Sinha, J.)