IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38451 of 2009 CHHOTAN YADAV, SON OF SRI RAM EQUBAL YADAV, @ DEONANDAN YADAV, RESIDENT OF VILLAGE- BARAH, P.S. POONPOON, DISTRICT-PATNA. ………………………………………………….PETITIONER. Versus THE STATE OF BIHAR…………….OPPOSITE PARTY. -------- For the Petitioner : Mr. Anajani Kumar, Advocate. For the State : Mr. Uma Shankar Prasad Singh, A.P.P. ---------- 5. 4.3.2010. Heard learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner is an accused in a case registered under Sections 341, 386 and 302/34 of the Indian Penal Code besides Section 27 of the Arms Act. It has been submitted on behalf of the petitioner that as per the allegation, set up in the First Information Report, the petitioner alongwith others had caught hold of the deceased, however, the direct allegation of firing upon the deceased is against another co-accused, Tuntun Paswan alias Jagdish Paswan, which was the cause of death. It is also contended that the postmortem report does not speak - 2 - about any injury other than the fire arm injury. The petitioner is stated to be in custody since 16.7.2009. Having regard to the facts and the circumstances of the case, the petitioner, Chhotan Yadav, is directed to be released on bail on his furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri Om Prakash, Judicial Magistrate, Ist Class, Masaurhi, Patna, in connection with Poonpoon P.S. Case No.115 of 1996. P.S. (Dr. Ravi Ranjan,J)