IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1793 of 2011 MADHAV YADAV Versus THE STATE OF BIHAR 2 01.03.2011 Learned counsel for the petitioner is permitted to make necessary correction in the prayer portion of this petition within the course of the day. Heard learned counsel for the petitioner as well as learned Addl. P.P. for the State. Petitioner seeks his bail in connection with Damdaha P.S. case no.96/1993 registered under section 307 and other minor sections of the IPC and 27 of the Arms Act. Petitioner is named in the first information report but it is stated that he was only a member of unlawful assembly and it was co- accused Pinku Yadav who opened fire upon the informant. The contention of the learned counsel for petitioner is that one co-accused namely, Gini Yadav @ Onkar Sadashiv was remanded in the above stated case on 12.10.2010 and he was granted bail by the learned Ist Addl. Sessions Judge, Purnea but when the bail petition of this petitioner was put before Incharge Ist Addl. Sessions Judge, Purnea, prayer for bail of the petitioner was rejected. He also points out that co-accused Pinku Yadav has already been acquitted by the Fast Track Court No. VII, Purnea. In view of the aforesaid facts and circumstances, let the petitioner, Madhav Yadav be released on bail on furnishing bail bond of Rs 10,000/- (ten thousand) with two sureties of the like amount - 2 - each to the satisfaction of the Addl. Sessions Judge FTC No. VII, Purnea in Sessions Trial no.64/2011 arising out of Damdaha P.S. Case no. 96/1993. Shahid (Hemant Kumar Srivastava,J.)