IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35202 of 2010 LALAN YADAV @ SUBHASH YADAV Versus STATE OF BIHAR ----------- 02. 07.10.2010 Heard learned counsel appearing on behalf of the petitioner and the State. The petitioner is in custody in connection with Bhargama P.S. Case No. 16 of 2010 for offence punishable under Sections 448, 147, 148, 149, 323, 324, 307 and 504 of the Indian Penal Code and later on Section 302 was added by reason of death of one of the injured. Learned counsel for the petitioner submits that the petitioner is not responsible for causing the injury to the deceased which was caused by co-accused Bindeshwari Yadav. He submits that the only allegation against this petitioner is of assaulting the mother on her right arm and the son on his head. It is submitted that whereas the injury report in relation to the informant has been described as simple, the injury to the mother though described grievous, has been caused by a hard blunt substance. He submits that the allegation against this petitioner is of causing injury by means of farsa and thus the injury report does not match the allegation. He further submits that in any view of the matter, no case under Section 307 is made out against this petitioner and for the alleged charge the petitioner has remained in custody since 19.2.2010. Taking into consideration the circumstances and the - 2 - submission of learned counsel, let the petitioner Lalan Yadav @ Subhash 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 Chief Judicial Magistrate, Araria in connection with Bhargama P.S. Case No. 16 of 2010. S.Sb/- (Jyoti Saran, J.)