IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.17879 of 2011 Chandan Yadav @ Sanjay Kumar Yadav Versus The State Of Bihar ---------------------------------- 03/ 08.09.2011 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State assisted by learned counsel for the informant. Petitioner along with five FIR named accused persons have been made accused in Sonbarsa Raj P.S. Case no. 134/2009 registered under section 302/34 of the IPC on the allegation that he as well as other accused persons pressed the neck of the deceased as a result of which the deceased died then and there. It is admitted case that there was enmity between the parties. The contention of learned counsel for the petitioner is that, no doubt, deceased died on account of asphyxia caused by strangulation but it is improbable that six persons would press neck of a single person. Learned counsel for the informant points out that having similar allegation prayer for bail of one co-accused Shailendra Yadav has already twice rejected by another bench of this court. Trial of the petitioner has already commenced and as per submission of learned counsel for the petitioner, three prosecution witnesses have already been declared hostile. In the aforesaid circumstance, I do not think it proper to keep the petitioner behind the bar. 2 Accordingly, the petitioner, Chandan Yadav @ Sanjay Kumar Yadav, is directed to be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of Sri S.P. Anand, Judicial Magistrate, Ist Class, Saharsa in Sonbarsa Raj P.S. Case no. 134/2009. shahid (Hemant Kumar Srivastava,J)