IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10465 of 2009 PANKAJ KUMAR MISHRA son of Satendra Kumar Mishra Resident of village Mali, P.S.Magadh Medical Gaya,Distt.Gaya Versus STATE OF BIHAR ----------- 4 24.8.2009. Heard learned counsel for the petitioner, the informant and the State. Though the case was registered under section 307/34 of the Indian Penal Code and section 27 of the Arms Act on the fardbeyan of Prem Shankar Kumar Pathak regarding injury to his brother Rajiv Kumar Pathak but after death section 302 of the Indian Penal Code was added. According to the fardbyan, the informant’s brother was shot at and injured by Pankaj Kumar Mishra. Learned counsel for the petitioner has pointed out that for the death of Rajiv Kumar Pathak, another fardbeyan was given by his father Upendra Pathak in which he has named Pintu Kumar as the shooter of his son. Father of the deceased is also a witness of the occurrence and he has not even named the petitioner. Learned counsel appearing for the informant opposed the prayer for bail. Considering the facts and circumstances of the case, the above named petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge, Fast Track Court No.II/concerned court, Aurangabad in S.Tr.No. 298 of 2008. Md.S. (Shyam Kishore Sharma,J.) - 2 -