IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8060 of 2011 Kamdeo Yadav, S/O-Ganesh Yadav Versus The State Of Bihar ----------- 03 12.07.2011 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is languishing in jail custody since 12.06.2010 in Gopalpur P.S. Case No. 113 of 2010 registered under Sections 302/34 of the Indian Penal Code and 27 of the Arms Act on the charges that he opened fire on the deceased and subsequently, other accused also opened fire on the deceased causing fire arm injury to him. At the very outset, learned counsel for the petitioner points out that having similar allegation, almost all the accused persons have already been granted privilege of bail by different Benches of this Court. Although, there is specific allegation against this petitioner that he opened fire on the deceased but neither in the First Information Report nor in the further statement of the informant it has specifically been mentioned as to whether the firing of the petitioner hit the deceased or not and admittedly, after firing of this petitioner the other accused made firing on the deceased as a result of which deceased 2 sustained injury on different parts of his body and the aforesaid co-accused persons have already been released on bail. In the aforesaid circumstance, I have no option except to grant the privilege of bail to the petitioner. Accordingly, petitioner is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-I, Naugachia, Bhagalpur in connection with Sessions Trial No. 1254 of 2010 arising out of Gopalpur P.S. Case No. 113 of 2010. Shahzad ( Hemant Kumar Srivastava, J.)