IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36804 of 2009 NANDU YADAV Versus THE STATE OF BIHAR ----------- 02 15.10.2009 Heard both sides. Sole petitioner seeks bail in a case instituted under Sections 302/34 of the Penal Code and Section 27 of the Arms Act. Allegation as per F.I.R. is that the petitioner along with other co-accused, namely, Dharmdev Yadav indiscriminately fired from their country made guns at the deceased who was standing on a roof, as a result whereof, he succumbed injuries and died. Learned counsel for the petitioner submits that the post mortem report (annexure-2) does not support the prosecution case as the doctor found single injury on the head caused by hard and blunt substance. It is next contended that admittedly there is land dispute between the parties. The petitioner had filed a Title Suit against the prosecution side which was decreed in his favour and the matter was presently pending at the appellate stage/ level. Petitioner is in custody since 08.05.2009. In the facts and circumstances of the case, petitioner, named above, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- ( ten thousand) with two 2 sureties of the like amount each to the satisfaction of the CJM Nawada in connection with Nawada P.S.Case no. 101/2007, subject to the following conditions 1. One of the bailors should be the own/close family member of the petitioner. 2. In the event the case reaches up to the level of framing of charge, the petitioner shall thereafter appear in person before the Court below on the date fixed therein. In case of default on two consecutive dates, the Court below shall have liberty to cancel the bail bond of the petitioner and secure his arrest in accordance with law. Sym/ (Kishore K. Mandal, J.)