IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.29489 of 2009 PAWAN YADAV Versus STATE OF BIHAR ----------- 02/ 12.08.2009 Heard learned counsel for the petitioner and the State. Petitioner is an accused in a case arising out of Shakurabad P.S. Case No. 32 of 2008 for offences under Sections 341, 323, 307 of the Indian Penal Code, Section 3(1-X) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and Section 27 of the Arms Act. The substance of allegation against the petitioner as set out in the F.I.R. is that he along with some persons, not known to the informant, came to him and started abusing him on caste lines thereby violating the provisions of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. It is alleged that the petitioner also directed him to refrain from deposing in a rape case in which the petitioner was an accused. It is also stated that on protest, the petitioner fired at the informant which fortunately did not hit him. The petitioner has brought on record a copy of the judgment passed in Sessions Trial No. 20 of 2008 which is dated 29.03.2008 i.e. much prior to the institution of the present case which was instituted on 7.6.2008 for an occurrence said to have been taken place on 6.6.2008. It is 2 stated that the said fact itself is sufficient to repel the allegations set out in the F.I.R. It is further contended that no offence under Section 307 of the Indian Penal Code or Section 27 of the Arms Act is made out as against the petitioner. The petitioner on his own has surrendered before the learned Chief Judicial Magistrate, Jehanabad on 29.4.2009 and is in custody since then. Having regard to the facts and circumstances of the case, let the petitioner Pawan Yadav 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 learned Chief Judicial Magistrate, Jehanabad in connection with Shakurabad P.S. Case No. 32 of 2008. S.Sb/- (Jyoti Saran, J.)