IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39389 of 2008 CHANO YADAV Versus STATE OF BIHAR ----------- 7. 11.2.2009 I have heard Shri Bikramdeo Singh, learned counsel for petitioner Amit Kumar alias S.P. Yadav who was granted bail holding that he was merely a member of the mob and was not alleged to be one of the assailants of the deceased. That appears an error of record inasmuch as there is specific allegation in the F.I.R. of Sahebpur Kamal P.S.Case NO.129 of 2007 that Amit Kumar alias S.P. Yadav along with others also fired from their respective pistols hitting the informant and the deceased. It is alleged further that Jahno Yadav, the deceased was seriously injured on account of being shot at and subsequently he succumbed to his injury. The post mortem examination report indicates as if there were 21 multiple lacerated wounds with black margins scattered on the upper part of left side of chest, front of left upper arm and shoulder, 2 forehead and upper part of head and those multiple wounds were sufficient to cause death. It appears to me that the observation that the petitioner was simply a member of the mob was an error which had crept in my order while prayer for bail of accused Amit Kumar alias S.P.Yadav was considered in Cr. Misc. No. 34325 of 2008 which was disposed of along with Cr. Misc. No. 32839 of 2008 in respect of accused Sato Yadav which petitions were disposed of favourably on 29.8.2008. This error appeared while I was hearing the prayer for bail of accused Chano Yadav in Cr. Misc. No. 39389 of 2008 whose case stands on similar footing with that of Amit Kumar alias S.P. Yadav. I refused the prayer for bail of accused Chano Yadav considering the above direct nature of the allegation. Judicial consistency and the Majesty of justice require that I should cancel the order passed by me in Cr. Misc. No. 34325 of 2008( Amit Kumar alias S.P. Yadav Vs. State of Bihar) and direct steps to be taken for remanding accused Amit Kumar alias S.P. Yadav, who is accused in Sahebpur Kamal 3 P.S.Case No.129 of 2007, to custody It is accordingly ordered and the order dated 29.8.2008 passed in Cr. Misc. No. 34325 of 2008 in respect of accused Amit Kumar alias S.P. Yadav is hereby cancelled. Let a copy of this order be transmitted to the Chief Judicial Magistrate, Begusarai, for follow up action. Kanth (Dharnidhar Jha, J.)