IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11454 of 2009 BIBHASH YADAV S/O-Umeshwar Yadav, R/O-Vill-Lokmanpur, P.S.-Kharik, Distt.-Bhagalpur. …………………………………………..Petitioner. Versus THE STATE OF BIHAR …………………………………………..Opposite Party. ----------- 3/ 07.08.2009 Heard learned Counsel for the petitioner and learned APP appearing on behalf of the State. The petitioner is one of the named accused of the case which has been registered for the offences under Sections 302/307/120B/34 of the Indian Penal Code and Section 27 of the Arms Act. Altogether 10 persons are named as accused. Allegation is that the petitioner and the other accused persons knock the door of the informant who opened the door thereafter Pawan Yadav wanted to fire but that miss- fired. In the meanwhile the informant’s brother and other members of the family also came. One of the firing caused injury to the informant’s brother Niranjan Kumar Singh 2 who died. Submission is that the offence under Section 302 of the Indian Penal Code cannot be made out because there was no intention or knowledge of causing death. There is no specific allegation as to who has fired. There is general allegation against all the accused persons. The petitioner is in custody since 08.12.2008. The post-mortem report of the deceased reveals only three injuries over his person. Considering the facts and circumstances of the case, the above named petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate /concerned court Naugachia in connection with Kharik P.S. Case No.-173 of 2008. kksinha/ (Shyam Kishore Sharma, J.)