IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15396 of 2009 RAM SURAT YADAV Versus THE STATE OF BIHAR ----------- 02/ 19.05.2009 Heard learned counsel for the petitioner and learned counsel for the State. This petition for bail has been filed by the petitioner, who is an accused for offences punishable under sections 147, 341, 342, 323, 325 and 307 of the Indian Penal Code. Learned counsel for the petitioner submits that the accused as well as the informant were admittedly gotiyas having land dispute. Learned counsel for the petitioner further submits that three injuries were found on the informant’s person out of which two were on the head by some hard and blunt substance, whereas according to the F.I.R. there were three persons who assaulted the informant on his head, including the petitioner and one Niranjan Yadav. Learned counsel for the petitioner also states that section 307 of Indian Penal Code is not attracted because admittedly firearms were available but in spite of that it was not used for killing the informant. Learned counsel for the petitioner further states that the petitioner has got no criminal antecedent but he is in custody since January, 2009 although one of the co-accused with exactly similar allegation, namely Niranjan Yadav has been enlarged on bail on the orders of this court dated 03.03.2009 passed in Cr.Misc.No.3171 of 2009. Considering the facts and circumstances of this case as well as the arguments of the parties, this petition is allowed. Let the 2 petitioner, namely Ram Surat Yadav shall be released on bail on furnishing bail bond of Rs.10,000.00 (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Khagaria in connection with Khagaria P.S. Case No.412 of 2006 (G.R.No.1101 of 2006). harish/ ( S.N.Hussain, J)