IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33297 of 2008 SUDAMA YADAV, SON OF LATE FUDI YADAV, RESIDENT OF VILLAGE- MAHUA BAG, P.S.-DULHIN BAZAR, DISTRICT- PATNA Versus STATE OF BIHAR ----------- 3 20/10/2008 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner seeks bail in a case which has been registered under section 307 and some other sections of the Indian Penal Code and section 27 of the Arms Act. It appears from the fard beyan of the informant Akhilesh Yadav that one month prior to the fard beyan a person was shot dead and in that case the informant’s brother was accused. Allegation is that only with a view to retaliate the petitioner has fired which caused injury. Submission is that section 307 of the Indian Penal Code is not made out because there was no repetition of firing. The injured has received two injuries and according to the fard beyan only one injury was caused so there was no explanation about the second injury. The petitioner is in custody since 17.12.2007. Considering the facts and circumstances of the case, the petitioner Sudama Yadav is directed to be released on bail on furnishing of bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge, Ist, Danapur, Patna in S. Tr. No. 809 of 2003 arising out of Bikram (Dulhin Bazar) P.S. Case No. 246 of 2002. avin (Shyam Kishore Sharma, J.)