IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25144 of 2008 SANTOSH YADAV Versus STATE OF BIHAR ----------- 6. 23.04.2010 The case is under Sections 147, 148, 149, 341, 323, 307, 427, 302 and 440 of the Indian Penal Code. The informant alleged that while he, along with some others was going to his house, the petitioner and others surrounded and abused them and tried to assault and in course of that, when his (Phuphera brother) Samundar Yadav came there with his licensee gun, the petitioner snatched the gun from him and he fired a shot as a result of which, a villager Tarkeshwar Pandit was hit and subsequently he died of the injuries caused. The learned counsel for the petitioner submits that the petitioner has been falsely implicated. It is also submitted that informant’s brother had himself fired from his rifle causing injury to petitioner’s brother Samundar Yadav and the deceased and that in order to save him, the informant lodged this case with false implication. Further submission is that Prakash Kumar has already instituted a case against Samundra Yadav and others under Bounsi P.S. Case No. 151 of 2007 regarding offence under Section 307 of the of the Indian Penal Code with respect to injury caused to him at the hands of informant’s brother Sanjeev Yadav. The learned counsel also refers to the bail rejection order dated 27.5.2008 of the learned Sessions Judge wherein the Supervision note of the S.D.P.O. has been discussed and the S.D.P.O. has mentioned that the story of snatching rifle by the petitioner and firing by him appear to be concocted and - 2 - improbable. The learned counsel submits that the petitioner is in custody since 27.10.2007. In the facts and circumstances of the case, the petitioner, Santosh Yadav is admitted to bail on furnishing bail bond of Rs. 10, 000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional District Judge (F.T.C.) No.IV, Banka, in Sessions Trial No. 208 of 2008, arising out of Bounsi P.S. Case No. 152 of 2007. (C.M. Prasad, J.) Ravi/-