IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30408 of 2009 SANJAY YADAV Versus THE STATE OF BIHAR ----------- 2. 08.09.2009 Heard the learned Counsel for the petitioner and the learned counsel for the State. The submission is that in an allegation of firing by four persons the first two shots were fired by co-accused Pankaj Yadav and Angad Yadav whose bail applications have already been rejected in Cr. Misc. No. 5277/2004 and 5276/2004. There are only two fire arm injuries on the person of the deceased. All the connected records of the bail application arising out of the present FIR were called for. In none of them Post Mortem Report of the deceased finds any reference. Even in the present application there is no reference either in the impugned order or in the pleadings as to the number of fire arm injuries found on the deceased in the Post Mortem Report. In absence of the details of the fire arm injuries found on the person of the deceased, in the nature of the allegations, this Court finds it difficult to pass any positive orders of any particular nature in the case. This application is disposed with the observation that the court below shall examine the records of the case and if in fact there are only two fire arm injuries on the deceased in the Post Mortem Report attributable to co-accused Pankaj Yadav and Angad Yadav, the court below shall proceed to release the petitioner on bail on furnishing bail bonds of Rs. 20,000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge, Fast Track Court No. III, Banka in Sessions Trial No. 536 of 2009 , Tr. No. 301 of 2009 arising out of Shambhuganj P.S. Case No. 8 of 2002. In the event that the Post Mortem Report reveals more than two fire arm injuries on the person of the deceased the present application shall be deemed to have been rejected by this Court and the court below shall be under no obligation to pass any order with regard to the petitioner. Snkumar/- (Navin Sinha,J.)