IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23747 of 2009 VIJAY YADAV Versus STATE OF BIHAR ----------- 03/ 14.09.2009 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner is in custody in a case arising out of Bihar P.S. Case No. 03 of 2009 for offences punishable under Sections 415, 147, 148, 149 and 302 of the Indian Penal Code and Section 27 of the Arms Act. Petitioner is said to be a member of the unlawful assembly who surrounded and killed Upendra Yadav. It is contended on behalf of the petitioner that petitioner is named in the F.I.R. but no specific over act has been assigned to him in the occurrence leading to the death of Upendra Yadav. It is also contended that the petitioner is in custody since 5.1.2009 on mere allegation of being a member of the unlawful assembly. It is further contended that specific role have been assigned to other persons who have caused the death of Upendra Yadav, the brother of the informant. Having regard to the circumstances of the case, let petitioner Vijay Yadav be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Biharsharif, Nalanda in connection with Bihar P.S. Case No. 03 of 2009. S.Sb/- (Jyoti Saran, J.)