IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39691 of 2008 DINI SHARMA @ DINA SINGH Versus STATE OF BIHAR ----------- 3 16.12.2008 Heard. The allegation against the petitioner is that he fired on Binda Sharan Yadav as a result of which he died. The story is that the informant and his companions Binda Sharan Yadav(deceased) and Biojay Yadav were going to the market place from the village on two Motor-cycles and they were ambushed by some persons named in the FIR. It is alleged that Bijay Yadav was first hit and injured. When Binda Sharan Yadav and the informant came back after stopping their Motor-cycle to pick up the said Bijay Yadav, a shot was fired by this petitioner which killed Binda Sharan Yadav. The FIR does not indicate any other shot fired or any other manner of assault on the deceased than fire-arms. In the Post-mortem examination report mentioned in Paragraph- 37 of the case diary, it is indicated that there were as many as six injuries reported by the Doctor in the nature of bruises, abrasions and sharp cutting wounds on the deceased and the villagers who have been examined in different paragraphs of the Case diary have stated that the occurrence was taking place otherwise. Contention is that the informant and the deceased were members of MMC, an extremist organisation and the deceased died in cross- firing. Regard being had to the facts and findings of the medical - 2 - examination in the Post-mortem examination report, let the petitioner, namely, Dini Sharma @ Dina Singh be released from custody on furnishing bail bond of Rs.10,000/-(Ten thousand)with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gaya, in connection with Konch P.S.Case No.74/2003. SKBOSE (Dharnidhar Jha)