IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.51572 of 2008 BIPAT RAI @ BIPAT YADAV S/O LAKHAN YADAV, R/O VILLAGE- PITAUJIYA, P.S.-BHADAUR, DISTRCT- PATNA Versus STATE OF BIHAR ----------- 3 23/03/2009 Heard learned counsel for the petitioner and learned counsel representing the State. The petitioner is one of the named accused of the case registered under sections 302, 307 and some other sections of the Indian Penal Code and section 27 of the Arms Act. Besides the petitioner five more persons are named as accused. Allegation is that the named accused persons as well as 8-10 unnamed accused persons encircled the informant’s son Arbind and indiscriminately fired causing his death and injury to Mithu Yadav. Submission is that there is no specific allegation against the petitioner. Allegation of firing is against six named and 8-10 unnamed accused. Post mortem report does not support the allegation of indiscriminate firing by 15-16 armed accused persons. Other injured Mithu Yadav has not been examined under section 161 of the Cr.P.C. Considering the facts and circumstances of the case, the petitioner Bipat Rai @ Bipat Yadav is directed to be released on bail on furnishing of bail bonds of Rs. 10,000/- 2 (ten thousand) with two sureties of the like amount each to the satisfaction of the A.C.J.M., Barh in connection with Pandarak P.S. Case No. 03 of 2004. avin (Shyam Kishore Sharma, J.)