IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44782 of 2008 MAHENDRA YADAV Versus STATE OF BIHAR ----------- 2 03/12/2008 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner is named accused of a case which has been registered under sections 302/34 of the Indian Penal Code and section 27 of the Arms Act. The informant has seen the petitioner and others, namely, Bam Bam Kunwar, Ramdev Rai, Sikandar Yadav and Matpu Kunwar. Later on the informant saw his brother dead. Submission is that the informant is not the eye witness of the occurrence. Allegation against the petitioner and Ramdeo Rai is identical and Ramdeo Rai has been admitted to bail by this court vide order dated 7.1.2005 passed in Cr. Misc. No. 98 of 2005. The petitioner is in custody for about one year. Considering the facts and circumstances of the case, the petitioner Mahendra Yadav is directed to be released on bail on furnishing of bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the 3rd Additional Sessions Judge, Naugachia, Bhagalpur in S. Tr. No. 1278 of 2004 arising out of Naugachia (Kharik) P.S. Case No. 264 of 1999. avin (Shyam Kishore Sharma, J.)