IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.49735 of 2008 SUBASH YADAV Versus STATE OF BIHAR ----------- For the petitioner : Mr. Syed Alamdar Hussain, Advocate For the State : Mr. Jharkhandi Upadhaya, A.P.P. ----------- 4 23.4.2009 Heard learned counsel for petitioner SUBASH YADAV, one of the FIR named accused of Bhagwanpur P.S. Case No. 64 of 2004 registered under sections 302/120(B)/34 IPC and section 27 of the Arms Act and is in custody in connection therewith. The fardbeyan of Bhim Singh which forms the basis of the FIR is based on hearsay. Even if the statement of Aliyar Singh, the person who gave information to Bhim Singh, is to be believed then this petitioner and Prahalad Bind are said to have fired at the deceased but according to the post mortem report the deceased is said to have suffered only one fire arm injury. In the facts and circumstances of the case the petitioner SUBASH YADAV is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount to the satisfaction of the learned Chief Judicial Magistrate, Kaimur at Bhabhua in connection with Bhagwanpur P.S. Case No. 64 of 2004 . Spd/- (Abhijit Sinha, J.)