IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.32705 of 2009 MANOJ KUMAR YADAV, S/o Late Ramchandra Rai, R/o Village – Fatehpur, P.S. – Kathara O.P., Distt. – Vaishali …… Petitioner. Versus THE STATE OF BIHAR ……………………. Opposite Party. ---------- For the Petitioner:- Mr. P.N. Sahi, Mr. Vinay Ranjan, Mr. Sanjit Kr. Sinha, Advocates. For the State:- Mr. R.P.S. Singh, A.P.P. For the Informant:- Mr. Ram Balak Mahto, Sr. Advocate. ----------- 4. 24.11.2009. Heard learned counsel for the petitioner and learned A.P.P. appearing on behalf of the State. Petitioner is an accused in a case registered under Sections 302, 379/34, 120(B) of the Indian Penal Code and Section 27 of the Arms Act. It is submitted on behalf of the petitioner that political dispute is admitted between the parties. In the first information report, allegation is against Ravi Prakash @ Rayees of resorting to firing causing death of the deceased. However, there is no eye witness of the occurrence. It is further submitted that since the allegation is that the rifle shot was fired from the Ambassador Car upon the Indica Car, therefore, the empty cartridges could not be found present in the Indica Car, rather they could remain either inside or outside the car from where the firing had been - 2 - resorted. It is also submitted that there is no eye witness and the person, who has been named in the first information report with the allegation of firing upon the deceased causing death, has already been granted bail by a Bench of this Court vide the order dated 06.07.2009 passed in Cr. Misc. No. 13045/2009 (Annexure-4). It is submitted on behalf of the State that though earlier it had come that one Ravi Prakash @ Rayees fired at the deceased causing his death, but later on the basis of the materials collected during the course of investigation, the petitioner’s complicity with the crime has surfaced, however, there is no witness who has actually seen the petitioner firing at the deceased. Learned counsel for the informant pointed out that the petitioner all along has been absconding as he has surrendered merely four months back. The empty cartridges fired from his rifle have been found in the car of the deceased. Having regard to the facts and circumstances of the case and the fact that co-accused, Ravi Prakash @ Rayees, who has been named in the F.I.R. and upon whom there is - 3 - specific allegation of firing on the deceased, has already been granted bail by a Bench of this Court, and also the fact that admittedly there is no eye witness of the fact as to who actually had fired at the deceased, I direct the petitioner, Manoj Kumar Yadav to be released on bail on his furnishing bond in the sum of Rs. 10,000/- (Ten thousand) only with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Muzaffarpur in connection with Maniyari P.S. Case No. 104 of 2006, dated 18.10.2006. dk ( Dr. Ravi Ranjan, J. )