IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40326 of 2008 SHARWAN YADAV & ANR Versus STATE OF BIHAR ----------- 2. 21.10.2008 Heard Sri Prabhat Kumar, Senior Advocate for the petitioners and the learned A.P.P. for the State. There is enmity between the parties so much so that, as per the defence two days prior to the present occurrence the uncle of the present petitioner no.2 had been shot dead and a report in that behalf had been registered with the police. In the above background, it is alleged that the deceased who happens to be the father of the informant was chased, shot at, injured. For saving his life the man took shelter into the house of a neighbour, namely, Tikori Sahni. The informant claims following his father and the accused persons also and further states that he was asked to keep silent and his father was first shot at by petitioner no.1, namely, Shrawan Yadav in his chest and also petitioner no.2, namely, Ramashish Yadav and accused Yogendra Yadav in the chest, but the doctor did not find any injury except one on the chest of the deceased and that injury was real - 2 - cause of death as it had fractured the third and fourth ribs and had caused the heart and lungs of the deceased to collapse on account of being lacerated. That shot could be assigned to petitioner no.1, namely, Shrawan Yadav and, as such, his prayer for bail is dismissed. As regards petitioner no.2, namely, Ramashish Yadav there being corresponding injuries in the postmortem report on non vital parts, he is directed to be released on bail on furnishing bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Bagaha(West Champaran), Bettiah in Bagaha P.S.Case No.71 of 2002. B.Kr. ( Dharnidhar Jha, J. )