IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35811 of 2009 CONGRESH YADAV, SON OF SRI YOGI YADAV, RESIDENT OF VILLAGE BABA-STHAN PIRPR CHOWK, P.S. BARAUNI IN THE DISTRICT OF BEGUSARAI……………..PETITIONER. Versus THE STATE OF BIHAR………………………OPPOSITE PARTY. ----------- For the Petitioner : M/s. Akhileshwar Prasad Singh, Ashish Kumar, Advocates. For the State : Mr. Dinesh Singh, A.P.P. ----------- 4. 18.12.2009. 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 324/307/34 of the Indian Penal Code besides Section 27 of the Arms Act. It has been submitted on behalf of the petitioner that in the First Information Report the informant has stated that he heard the sound of gun shot fire which had injured his wife, who was sleeping besides him in the court-yard of his house. Thereafter, he saw several persons including the petitioner escaping from the place of occurrence and they were fully armed. However, the informant has subsequently stated that this petitioner and co-accused Manoj Yadav, were seen escaping 2 from the place of occurrence and his wife was sleeping on the ‘Machan’ and this petitioner alongwith Manoj Yadav were found fleeing away from the place of occurrence. Subsequently, after about 1 and 1/2 months of the occurrence, the victim had stated that several persons have assembled when she was sleeping on ‘Machan’ and this petitioner had fired upon her due to which she sustained injuries. Submission on behalf of the petitioner is that the case has been subsequently developed which is clearly after thought and actually no body had seen the petitioner firing upon the wife of the informant, however, due to previous enmity for the land dispute, the petitioner has been implicated in this case. Co-accused Manoj Yadav has already been granted bail. Learned A.P.P. for the State submitted that the petitioner has been named in the F.I.R. as well as further statement of the informant and has also been named by the victim, however, the petitioner is stated to be in custody since 29.6.2009 and has no criminal history. Having regard to the facts and the circumstances of the case, the petitioner, Congresh 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 3 each to the satisfaction of the Chief Judicial Magistrate, Begusarai, in connection with Barauni P.S. Case No.173 of 2008. P.S. (Dr. Ravi Ranjan, J)