IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9891 of 2010 MANOJ YADAV, SON OF SHARDA YADAV, RESIDENT OF VILLAGE-BHANAIL, P.S. AKWARPUR, DISTRICT- NAWADA……………………………………….PETITIONER. Versus THE STATE OF BIHAR………………OPPOSITE PARTY. -------- For the Petitioner : M/s. N.K. Agrawal, Senior Advocate and Vijay Anand, Advocate. For the State : Mr. Uma Shankar Prasad Singh, A.P.P. For the Informant : Mr. Md. Anjum Akhtar, Advocate. ---------- 2. 26.3.2010. Heard learned counsel for the petitioner, the learned A.P.P. for the State and the learned counsel for the informant. The petitioner seeks bail in a case registered under Sections 302/34 of the Indian Penal Code. It has been submitted on behalf of the petitioner that there is general and omnibus allegation against all the five accused persons and the petitioner is stated to be holding a lathi. It is further contended that the fardbeyan of the deceased was also recorded prior to his death in the hospital, wherein he had disclosed that the petitioner had caught hold of him whereas another co-accused, Vijendra Yadav alias Viju Yadav had assaulted him on his head with ‘khanti’ due to which he sustained injury and subsequently - 2 - he had died. Thus, it is urged that the petitioner is not the assailant of the deceased. The petitioner is stated to be in custody since 4.12.2009. Learned counsel for the informant submitted that though it is a fact that the fardbeyan of the deceased was recorded in the hospital and he had stated that the co- accused, Vijendra Yadav alias Viju Yadav, had also assaulted him but the petitioner has also taken active part in the occurrence and he is stated to have caught hold of the deceased. Learned A.P.P. for the State submitted that there is allegation against all the accused persons of assaulting the deceased due to which the deceased sustained injury. Having regard to the facts and the circumstances of the case, the petitioner, Manoj Yadav, is directed to be released on bail on his furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Nawada, in connection with Akbarpur P.S. Case No.233/09. P.S. (Dr. Ravi Ranjan,J)