IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.47371 of 2008 KANHAIYA YADAV, Son of Ramakant Yadav, resident of Village- Sapahia Dhala, P.S.- Bishambharpur, District- Gopalganj :----Petitioner. Versus STATE OF BIHAR :-----Opposite Party ----------- For the Petitioner : Mr. Umesh Chandra Verma, Advocate. For the Opposite Party : Mr. Nitya Nand Tiwari, A.P.P. ====== 2. 17.12.2008. Heard learned counsel for the petitioner and the State. Petitioner is an accused in a case under Sections 147, 148, 149, 302 and 201/34 of the Penal Code and Section 27 of the Arms Act and is named in the First Information Report along with 11 others including Bandhu Yadav and Ramakant Yadav, who is alleged to have shot at the deceased with his rifle. It is submitted on behalf of the petitioner that Ramakant Yadav has since been admitted to the privilege of bail by another Bench of this Court under orders dated 13.08.2008 passed in Cr. Misc. No. 3377 of 2008. The charge-sheet against the petitioner and BandhuYadav was submitted in the year 2007 showing them absconder, whereafter Bandhu Yadav surrendered and has been released on bail by another Bench of this Court under orders dated 25.08.2008 passed in Cr. Misc. No. 32333 of 2008. It is submitted on behalf of the petitioner that when he learnt about the charge-sheet he voluntarily surrendered in the court below, which fact be verified by the court below and if found correct then he, namely, Kanhaiya Yadav be released on bail on furnishing bail bond of Rs. 5000/- (Five thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bettiah, West Champaran in connection with Nautan P.S.Case No. 81 of 2002. P.K.P. (V.N.Sinha,J.)