IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.6561 of 2009 Bhusan Yadav @ Sarla Yadav, son of Bhupan Yadav, resident of Village at Rajajan, P.S.-Mansi, District- Khagaria. . . . . Petitioner. Versus STATE OF BIHAR WITH Cr. Misc. No.10974 of 2009 Buddhu Yadav, son of Pahari Yadav, resident of village-Bharat Khand, Yadubansh Nagar, P.S.- Parbatta, District- Khagaria. . . . . Petitioner. Versus STATE OF BIHAR ----------- 3/ 04.05.2009 Since both the applications have arisen out of one and the same police case, they have been heard together and are being disposed of by this common order. Petitioners seek bail in a case which has been registered for the offences under Sections 302, 120 B/34 of the Indian Penal Code and 25(1-b) a/27 of the Arms Act. The informant’s husband was initially fired upon by petitioner Bhushan Yadav but the firing missed. Later on, petitioner Budhu Yadav fired upon the chest of the informant’s husband. Submission is that it is not possible that a person, who was caught by another would fire. Further submission is that there are two injuries and second injury has not been explained. The occurrence is of the night and there is no source of identification. Allegation as per the First Information Report is against Budhu Yadav, who had fired. The corresponding injuries are mentioned in the post-mortem report. Considering this, prayer for bail of petitioner Budhu Yadav (in Cr. Misc. No. 10974 of 2009) is rejected. - 2 - Petitioner Bhushan Yadav is not caused any injury. Considering the facts and circumstances of the case, petitioner, Bhusan Yadav @ Sarla Yadav ( in Cr. Misc. No. 6561 of 2009) is directed to 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 Judicial Rail Magistrate, Khagaria in connection with Khagaria (Mansi) Rail P.S. case no. 21 of 2008, [G.R. (Rail) No. 48 of 2008]. Uday/ (Shyam Kishore Sharma, J.)