IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33965 of 2008 UMESH YADAV S/O-Lakhan Yadav, R/O-Vill-Korai, P.S.-Deep Nagar, Distt.-Nalanda(Biharsharif). …………..Petitioner. Versus STATE OF BIHAR ----------- 3/ 17.11.2008 Heard learned Counsel for the petitioner, learned Counsel for the informant and learned Counsel appearing on behalf of the State. The petitioner is accused of a case which has been registered under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act in which there is allegation of firing against him also. Besides the petitioner Mahavir Ravidas has also fired which proved fatal to the informant’s brother Mithu Yadav. Submission is that the informant was examined under Section 161 Cr. P.C. and he has stated that not only the informant but also others have denied the role of the petitioner and others in the occurrence. So the police has submitted final form but the Court differed and took the cognizance. Prayer for bail has been opposed by learned Counsel for the informant who has submitted that though differing from the final form protest petition has been filed but it is only on record because the cognizance was taken. Further submission is that two persons are assailants and this fact was verified by the post-mortem report also. There are two versions of the occurrence while being examined under Section 161 Cr. P.C. the witnesses have given different story. - 2 - Considering the facts and circumstances of the case, the petitioner Umesh Yadav is ordered 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 Chief Judicial Magistrate, Nalanda (Biharsharif) in connection with Deepnagar P.S. Case No. 09 of 2007. kksinha/ (Shyam Kishore Sharma, J.)