IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.9303 of 2011 PRAKASH YADAV Versus THE STATE OF BIHAR 3 08-07-2011 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the state The petitioner is in custody since 26.09.2010 in a case initially registered under sections-341, 323, 307, 387, 504/34 of the Indian Penal Code but later on, section-302 of the Indian Penal Code was added. It would appear from perusal of the first information report that on account of some land dispute , at the instigation of other accused, the petitioner gave blow with back portion of the gun, on the head of deceased, as a result of which, the deceased died in course of his treatment on account of head injury. The postmortem report reveals that fracture of scalp was found. The contention of learned counsel for the petitioner is that there was no repetition of blow and as a matter of fact, in quarrel, the petitioner gave blow to the deceased without having any intention to kill. Taking into consideration the aforesaid facts and circumstances of the case as well as submission of the parties, let the petitioner, namely, Prakash Yadav be released on bail on furnishing bail bond of Rs 10,000/- (ten thousand) with two - 2 - sureties of the like amount each in connection with Sheikhpura P.S. Case No. 212 of 2010 to the satisfaction of Chief Judicial Magistrate, Sheikhpura. A.K.Vishwakarma/- (Hemant Kumar Srivastava,J.)