IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4164 of 2011 MALIK YADAV . Versus THE STATE OF BIHAR . ----------- 2 7.2.2011 The petitioner is in custody in relation to Mufassil P.S.Case no. 168 of 2010 instituted under Section 302/34 IPC and Section 27 of the Arms Act. It is submitted that the son of the petitioner- Tulsi Yadav, the petitioner and the petitioner’s wife- Samtola Devi came to the deceased’s house and the son of the petitioner shot the deceased. The present FIR was lodged by the uncle of the deceased, who is said to be an eye witness. On behalf of the petitioner it is submitted that there is a counter case being Mufassil P.S.Case no. 169 of 2010 as against the deceased. It is alleged that there was a dispute with regard to common road. The petitioner and the deceased being neighbour , the deceased assaulted the petitioner on the head because of which petitioner became seriously injured. Seeing this, the son of the petitioner in self defence shot the deceased. From the order of the learned sessions Judge, it is clear that there are injuries on the head of the petitioner . The prosecution in the present case is unable to explain the same, whereas the explanation clearly comes in the second FIR. Be that as it may, let above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the 2 satisfaction of C.J.M., Munger, in Mufassil P.S.Case no.168 of 2010. Namita ( Navaniti Prasad Singh, J.)