IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31500 of 2011 Tukan Yadav, S/O-Late Baldeo Yadav Versus The State Of Bihar ----------- 02 30.09.2011 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is in jail custody since 13.06.2011 in a case initially, registered under Section 307 and other minor sections of the Indian Penal Code but subsequently, Section 302 of the Indian Penal Code was also added. It would appear from perusal of the first information report that a general allegation of assault has been levelled against the petitioner and co-accused and furthermore, it is specifically stated that this petitioner gave spade blow to informant’s mother. The contention of learned counsel for the petitioner is that co-accused, namely, Nuneshwar Yadav and Kamleshwari yadav @ Gonga Yadav were put on trial in Sessions Trial No. 758 of 2010 and after full-fledged trial both the aforesaid accused were acquitted of the charges. It is also contended by him that in trial of aforesaid Sessions Trial No. 758 of 2010, the informant’s mother was examined as prosecution witness no. 2 and she has admitted that she has sustained injury by fists and slaps. Considering the aforesaid facts and circumstances as well as submissions of the parties, particularly, keeping in mind that there is no specific allegation against the petitioner that he gave fatal blow to the deceased, let the petitioner be released on bail on 2 furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of 1st Additional Sessions Judge, Jamui in connection with Sessions Trial No. 758 of 2010 arising out of Laxmipur P.S. Case No. 53 of 2009. SHAHZAD ( Hemant Kumar Srivastava, J.)