IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43165 of 2008 BIREN YADAV @ BIRENDRA YADAV S/O-Upendra Yadav, R/O-Vill-Jhunni Kala, P.S.-K. Nagar, Distt.-Purnea. ………………………………….Petitioner. Versus STATE OF BIHAR ----------- 2/ 28.11.2008 Heard learned Counsel for the petitioner and learned Counsel appearing on behalf of the State. The petitioner is one of the named accused of this case which has been registered under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act regarding killing of the informant’s brother. Submission is that no allegation of firing is attributed against the petitioner. One of the co-accused Jogan Yadav has faced Sessions Trial No. 552 of 1995 and he was acquitted. In that accusation the petitioner has not attributed any overt act. Investigation against the petitioner remains pending and suddenly police arrested him on 24.06.2008. Let the above named petitioners be released from custody on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Purnea in connection with K. Nagar P.S. Case No. 360 of 1994. kksinha/ (Shyam Kishore Sharma, J.)