IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38704 of 2009 JAWAHIR YADAV son of late Rajharan Yadav, resident of village Jagdishpur Paterwa, Police Station Shri Nagar (Pujahan), District West Champaran, .. Petitioner Versus THE STATE OF BIHAR.. ..OPPOSITE PARTY For the Petitioner: Mr. Sanjay Kumar No. 7, Advocate, For the State : Mr. R.P.S. Singh, A.P.P. …. 4 24.11.2009 Heard learned counsel for the petitioner and the State. The petitioner is an accused in a case registered under sections 323, 341, 324, 307, 34 of the Indian Penal Code and section 27 of the Arms Act. As per the prosecution case, about eleven persons surrounded the informant, whereas accused Mangal Sah assaulted him by fist. However, the petitioner resorted to firing from his rifle, but the informant concealed him, therefore, it could not hit his vital part, rather it hit his left arm. It is submitted on behalf of the petitioner that it is highly improbable that if eleven persons surrounded the informant with a view to kill him and the petitioner was armed with rifle, he could have been spared. This shows that there was no intention to cause the death of the informant. It - 2 - is further submitted that it has come during the investigation that the informant is criminal minded person and is close associate of one Bhagar Yadav. The father and two uncles of this petitioner were killed and in that case the aforesaid Bhagar Yadav and others were made accused, due to which the petitioner and his entire family members are being implicated in false cases. Details of the two cases have been stated in the supplementary affidavit, which has been filed today. It is also submitted that the injury sustained by the informant is not on his vital part. The petitioner is stated to be in jail custody since 28.05.2009. Having regard to the facts and circumstances of the case, the abovenamed petitioner, Jawahir Yadav, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bettiah in Shri Nagar (Pujahan) Police Station Case No. 2 of 2009. SC (Dr. Ravi Ranjan, J.)