IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33738 of 2008 BINOD YADAV Versus STATE OF BIHAR For the Petitioner:- Mr. Chandra Bhushan Das, Advocate For the State:- Mr. C. Jawahar, A.P.P. ----------- 2 18.8.2008 Heard learned counsel for the petitioner and learned counsel for the State. Case has been registered under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act. Allegation is that few persons, some of them known to the informant including the petitioner, assembled and assaulted the informant as well as his son and wife, resulting in death of his son Ramakant Yadav, due to fire arm injury. Learned counsel for the petitioner submits that from the F.I.R. reveals that the petitioner alleged to have been armed with rod and he was not holding any fire arm. Allegation of assault by fire arm is against unknown persons. Allegation against the petitioner is only to the extent that he has assaulted Anari Devi and Mahakant Yadav by lathi but he has not assaulted the deceased who died due to fire arm injury. Learned counsel for the petitioner submits that case has been lodged due to the serious land dispute between the informant and the accused persons which is apparent from the F.I.R. itself. It is also stated in the F.I.R. that the petitioner is gotia. It is stated that the 2 petitioner is in Jail custody since 16.1.2008. Learned counsel for the State submits that there is allegation of assault by the petitioner upon the wife Anari Devi and son Mahakant Yadav by lathi. However, he admits that there is no allegation upon him of firing upon the deceased as he was only holding rod/lathi. In the aforementioned facts and circumstances and in view of the submissions made on behalf of the parties, I direct the petitioner namely, Binod Yadav, to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Supaul in connection with Pipra P.S. Case No. 04 of 2008. P.K. (Dr. Ravi Ranjan, J.)