IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.21526 of 2011 Chandan Yadav Versus The State Of Bihar ---------------------------------- 5 09-12-2011 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is in jail custody since 25-08-2010 in Alauli P.S. Case No. 61 of 2010 registered under Section-302 & other minor sections of the Indian Penal Code and 27 of the Arms Act. Allegedly, the petitioner opened fire causing fire-arm injury upon the informant’s son, namely, Sanjay Yadav as a result of which, he died then and there. It would appear from perusal of the first information report that the alleged occurrence took place on account of land dispute and furthermore, Annexure-2 to this petition reveals that a counter case bearing Alauli P.S. Case No. 62 of 2010 under Section-302 of the Indian Penal Code has been filed against the informant of the present case and others by father of the petitioner and in the aforesaid counter case, the younger brother of the petitioner was killed by the accused persons of the aforesaid case. Learned counsel appearing for the petitioner submits that no doubt, the petitioner has been shown as main assailant in the present case but as a matter of fact, on account of land dispute, a free fight had taken place between the parties and - 2 - persons from both sides died in the aforesaid fight. It is also pointed out by him that almost all the accused persons of Alauli P.S. Case No. 62 of 2010 have already been granted privilege of bail. Considering the facts and circumstances as well as submissions of the parties, the petitioner, namely, Chandan Yadav is directed to be released on bail on furnishing bail bond of Rs 10,000/- (ten thousand) with two sureties of the like amount each in connection with Alauli P.S. Case No. 61 of 2010 to the satisfaction of Chief judicial Magistrate, Khagaria. AKV/- (Hemant Kumar Srivastava,J.)