IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41574 of 2008 BIRO YADAV SON OF GANAUR YADAV RESIDENT OF VILLAGE MAMARKHABAD,P.S.PANDARAK,DISTRICT PATNA Versus STATE OF BIHAR ----------- 2/ 21.10.2008 Heard learned counsel for the parties. The petitioner is an accused of a case which has been registered for offences under Section 302/34 of the Indian Penal Code and 27 of the Arms Act. Besides petitioner, other five persons are also named accused. The allegation is that at the behest of co- accused Shailendra Yadav, accused Lalo Mahto caught the informant’s brother Suresh Yadav alias Shuro Yadav and thereafter Rabindra Yadav alias Rabo Yadav fired on him which proved fatal. The allegation against the petitioner is that he snatched the pistol from Shailendra Yadav and escaped. Submission is that no overt act is attributed against the petitioner and the assailant of the deceased is Rabindra Yadav alias Rabo Yadav. Considering the facts and circumstances of the case, let the above named petitioner 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 Additional Chief Judicial Magistrate, Barh, Patna in Pandarak P.S.Case No. 74 of 2008. Tahir/- ( Shyam Kishore Sharma, J.)