IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22473 of 2009 SANTOSH YADAV, S/O LATE MAHABIR YADAV, R/O VILLAGE- BANAULIA, P.S.-BIHAR, DISTRICT-NALANDA. ……………………PETITIONER. Versus THE STATE OF BIHAR ……………………OPP. PARTY. ----------- 3 27.08.2009 Heard learned counsel for the petitioner and learned counsel for the State. Case is under Section 302 and other Sections of the Indian Penal Code and Section 27 of the Arms Act. As per the allegation in the FIR the petitioner along with others had caught the deceased and another named accused fired upon the deceased from close range, thereafter one Pramod Yadav also assaulted the deceased with sword. Case diary was called for and learned counsel for the petitioner submits that witnesses have not supported the case in the FIR with regard to catching hold of the deceased by the petitioner and others. He further submits that informant has himself also not stated this fact in his further statement before the police which facts have been verified by the learned counsel for the State and have been found true. Petitioner is in custody since 18.02.2009 and he - 2 - has no criminal antecedent. Considering the above facts and circumstances, this application is allowed. Let petitioner, namely, Santosh Yadav be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Nalanda at Bihar Sharif in connection with Bihar P.S. Case No. 3 of 2009. Arvind/ (J. N. Singh, J.)