IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.50857 of 2008 SULO YADAV S/O SHRI BHOLA YADAV, R/O VILLAGE- PRATAPUR, P.S.- HALSI, DISTRICT- LAKHISARAI Versus STATE OF BIHAR ----------- 6 09/04/2009 Heard learned counsel for the petitioner and State. The petitioner is an accused of a case which has been registered under sections 302/34 of the Indian Penal Code and section 27 of the Arms Act. As per the allegation, at the behest of Sheonandan Yadav firing was made by the petitioner and Basudeo Yadav. The reason of occurrence was old enmity. Submission is that the trial has begun and five witnesses have been examined. PW 1 to PW 4 have not supported the allegation. PW 5 Budhdev Yadav has supported the allegation but Budhdev Yadav is a named accused of Halsi P.S. Case No. 61 of 2004 registered under sections 302/34 of the Indian Penal Code and section 27 of the Arms Act. He was having motive to implicate the petitioner. Order of conviction can hardly be passed because the post mortem report is not available with the case diary. The petitioner is in custody since 7.3.2007. Considering the facts and circumstances of the case, the petitioner Sulo 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 - 2 - Additional Sessions Judge, F. T.C. Ist, Lakhisarai in S. C. No. 641 of 2008 arising out of Halsi P.S. Case No. 14 of 2005. avin (Shyam Kishore Sharma, J.)