STATE OF BIHAR Vs. AKHLAKH AHMED

JUDGEMENT

(1.) Special leave granted.

(2.) Charge-sheets under Section 302 Indian Penal Code read with S. 147, 148,149, 114, 323, 324, 341, 427, 337 and 307 Indian Penal Code read with Section 27, Arms Act, 1959 have been filed before the court concerned against Anand Mohan, Arun Kumar Singh and 22 others. By the impugned order, a learned Single Judge of the Patna High court has granted bail to the respondents. It is alleged that the respondents were members of the unlawful assembly which killed the District Magistrate, Gopalganj (an INDIAN administrative SERVICE Officer). The District Magistrate was passing from the place where a crowd was assembled. He was in his official car with a red light on top of the vehicle. The District Magistrate was dragged out of the car and was killed. It is alleged that one Bhutkum Shukla fired shots from a pistol which killed the District Magistrate. The said Bhutkum Shukia is absconding.

(3.) We do not wish to go into the merits of various contentions raised by learned counsel for the parties. The High court allowed the bail applications of the respondents on the following reasoning: