IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9227 of 2009 ASHOK YADAVA @ ASHOK KUMAR YADAV, son of Shiv Jee Yadav, resident of village-Kelmari, P.S.-Bithan, distt.-Samastipur------ ----------------------------------------------------------------------Petitioner Versus STATE OF BIHAR ----------- 3. 4.5.2009 Heard learned counsel for the petitioner and the State. I agree with the submission made by the learned counsel for the petitioner that enmity and litigation are there in between the parties and there is specific allegation that on the order of Mahendra, Ram Khelawan Yadav shot the fire resulted into the death of informant’s father. Final form was also submitted, even then mechanically cognizance has been taken basing which petitioner’s arrest cannot be justified. Accordingly, in the event of arrest or surrender within one month from today in Bithan P.S. case no.91 of 1994 (Tr. no.2967/2006), the above named petitioner shall be released on bail on furnishing bail bond of Rs.10,000/-( Ten thousand) with two sureties of the like amount each to the satisfaction of Sri V. K. Srivastava, Judicial Magistrate, Ist Class, Rosera, Samastipur , subject to the condition as laid down under section 438(2) of the Code of Criminal Procedure. Sudip ( Mandhata Singh, J )