IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39795 of 2008 1. AVINASH YADAV 2. DHANANJAY KUMAR 3. SANJAY YADAV @ SANJAY KUMAR SAROJ Versus THE STATE OF BIHAR ----------- 3. 09.01.2009 Heard Sri Bharat Bhushan, Advocate for the petitioners, Smt. Meena Yadav, Advocate for the informant and Sri Dasrath Mehta, APP for the State. The three petitioners are in custody in a case under Section 302 of the IPC and figured as accused in the FIR. The specific allegation is against Arvind Yadav that he fired a shot which hit the deceased in his head and he fell down, where after other accused persons also fired. The post- mortem examination report appears in paragraph 39 of the case diary and that indicates that the dead body bore only one injury that was on its head and that was the cause of death. Learned counsel appearing for the informant has resisted the prayer by pointing out that the injured, who was the uncle of the deceased, has made statement in paragraph 49 of the case diary and has attributed allegations of firing shots against the three petitioners also upon the deceased. That does not bear any importance, inasmuch as, the three - 2 - petitioners bear the same allegation also in the FIR. Let the three petitioners, namely, Avinash Yadav, Dhananjay Kumar and Sanjay Yadav @ Sanjay Kumar Saroj be released from custody on furnishing a bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Khagaria in connection with Khagaria Muffasil P.S. Case No. 312 of 2008. DKS/ (Dharnidhar Jha, J.)