IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4119 of 2009 SARYUG YADAV son of late Fuchai Yadav, resident of village-Kamp Balia, P.S.-Rupauli (Mohanpur), Dist.-Purnea. Versus STATE OF BIHAR ----------- 2. 17.3.2009. Heard learned counsel for the petitioner and the State. On 10.4.2008 a case has been registered under section 307 and some other sections of the Indian Penal Code against ten accused persons including this petitioner in which the allegation against the petitioner is that he has given a spade blow upon Shiv Yadav. Shiv Yadav died in course of treatment and section 302 of the Indian Penal Code was added. From annexure-2 it appears that wife of the deceased has given statement under section 164 Cr.P.C. in which she has given another version of assault. She has stated that at the behest of the petitioner, Jantu Yadav has given a spade blow upon the head of her husband. Submission of the learned counsel for the petitioner is that postmortem reveals that injury was on account of hard and blunt substance and not by sharp cutting weapon which is attributed to the petitioner. There is vital contradiction in the statement of the wife of the deceased and the informant. 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/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Purnea in connection with Rupauli (Mohanpur) P.S.Case No.33 of 2008. Md.S. (Shyam Kishore Sharma,J.)