IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13563 of 2009 SHANKAR YADAV, SON OF BADO YADAV, RESIDENT OF VILLAGE PACHUA, P.S. AND DISTRICT SHEIKHPURA Versus THE STATE OF BIHAR ----------- 3. 17.08.2009 Heard learned counsel for the petitioner and learned counsel for the State. The case is under sections 307 and 324 of the Indian Penal Code and Section 27 of the Arms Act. It is stated that the petitioner fired upon the informant from behind while the informant was returning on motor-cycle with kerosene oil after taking its delivery. It is submitted by learned counsel for the petitioner that firing was made from behind the informant, therefore, he could not see the actual culprit as to who fired upon him. It is also submitted that no motive has been attributed to the petitioner and some witnesses during the investigation have stated that a large crowd had gathered at the place of occurrence but it cannot be stated in certainty as to who fired upon the informant. Petitioner is in custody since 24.12.2008 and it is stated that he has no criminal antecedent. - 2 - Learned counsel for the petitioner also submits that the petitioner has been named by the informant falsely due to political rivalry at the panchayat level although he had not seen the actual culprit as to who had fired upon him. Considering the above facts and circumstances of the case, the application is allowed. Petitioner (Shankar Yadav)is directed to be released on bail on furnishing bail bonds of Rs.10,000/-(Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Sheikhpura in connection with Sheikhpura P.S. Case No.467/08. B.T (J.N. Singh, J.)