IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.491 of 2009 DHARM NATH YADAV Versus STATE OF BIHAR ----------- For the petitioner : Mr. Sanjay Kumar Pandey, Advocate For the State : Mr. Jharkhandi Upadhaya, A.P.P. ---- 4 5.5.2009 Petitioner DHARM NATH YADAV, one of the FIR named accused of Kateya P.S. Case No. 3 of 2006 registered under sections 307 and other allied sections of the Penal Code to which section 302 IPC was added subsequently is in custody in connection therewith. Although the allegation in the FIR is of the petitioner having assaulted Subhas Yadav with lathi which subsequently caused the death of Subhas Yadav, further paragraphs in case diary, namely, paragraph nos. 5. 6 12, 13, 14 and 17 refers to the assailant being Dharamraj Yadav and that Dharm Nath Yadav taking the plea of the petitioner being the assailant has been enlarged on bail vide order dated 12.9.2006 passed in Cr.Misc. No. 31200 of 2006. In view of the conflicting evidence of who the actual assailant was, petitioner DHARM NATH YADAV is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount to the satisfaction of the learned Chief Judicial Magistrate, Gopalganj in connection with Kateya P.S. Case No. 3 of 2006. It is made clear that the petitioner shall be present in court on all dates fixed in the case and in the event he is absent on any of the dates without seeking prior permission of the Court his bail bond shall stand automatically cancelled. Spd/- (Abhijit Sinha, J.)