IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.46546 of 2008 VIJAY YADAV @ BINAY YADAV, resident of village- Matiyan, P.S.- Atri, District- Gaya. ------- Petitioner Versus THE STATE OF BIHAR. ------- Opposite Party ----------- 3 16.1.2009 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. Petitioner’s bail application was earlier rejected on 29.4.2008. Learned counsel for the petitioner submits that although in the First Information Report, the informant has specifically stated that the petitioner was one of the persons who fired on Gaya Yadav. The Post Mortem report reveals that there is only one gun shot injury on the persons of Gaya Yadav. It is further submitted that the supervision note of the Deputy Superintendent of Police indicates that both the deceased persons i.e. Gaya Yadav and Raju Yadav were wanted in other cases which are Atri P.S. Case No. 52 of 1997, Atri P.S. Case No. 78 of 2001, Atri P.S. Case No. 70 of 2003 and Nimchak Bathani P.S. Case No. 04 of 2006. The report of Supervising Officer is that the people of 2 the party were responsible for the occurrence and it has also been observed that the petitioner had enmity with the deceased. The observation in the supervision note indicates that the petitioner has been dragged in this case due to enmity and the deceased persons who were having the criminal antecedent whereas the petitioner has a clean antecedent and is not involved in any other case. Considering the facts aforesaid, petitioner Vijay Yadav @ Binay Yadav is directed to be released on bail in connection with Atri P.S. Case No. 48 of 2004 on furnishing bail bond of rupees ten thousand with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gaya. Sanjay (Sheema Ali Khan, J.)