Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.43478 of 2011 ====================================================== 1. Sitaram Yadav son of Shri Sewak Yadav , R/O Village Fulhara P.S. Belhar, Distt- Banka .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.44491 of 2011 ====================================================== 1. Janki Yadav S/O Late Jamuna Yadav, Resident Of Village - Fulhara , P.S.- Belhar , District - Banka .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.3873 of 2012 ====================================================== 1. Bishundeo Yadav @ Bishnudeo Yadav S/O Chhotu Yadav @ Chhotan Yadav ,Resident Of Village- Fulhara, P.S- Belhar, Distt- Banka .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.3842 of 2012 ====================================================== 1. Nand Kishore Yadav S/O Bechu Yadav Resident Of Village- Phulhara, Police Station- Belhar, District- Banka 2. Bhikha Yadav @ Bhikho Yadav S/O Mati Yadav, Resident Of Village- Phulhara, Police Station- Belhar, District- Banka .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== Patna High Court Cr.Misc. No.43478 of 2011 (4) dt.28-02-2012 2 Appearance : (In Cr.Misc. No.43478 of 2011) For the Petitioner/s : Mr. Tuhin Shankar, Advocate For the Opposite Party/s : Mr. S.K.Pandey, APP (In Cr.Misc. No.44491 of 2011) For the Petitioner/s : Mr. Sanjay Kumar Jha, Advocate For the Opposite Party/s : Mr. S.K.Pandey, APP (In Cr.Misc. No.3873 of 2012) For the Petitioner/s : Mr. Anirbam Kundu, Advocate For the Opposite Party/s : Mr. (In Cr.Misc. No.3842 of 2012) For the Petitioner/s : Mr. Ajay Kukherjee, Advocate For the Opposite Party/s :Mr. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 4. 28-02-2012. Heard learned counsel appearing on behalf of the petitioners and the learned counsel appearing on behalf of the State in all the applications. The petitioners in the batch of applications are in custody in connection with Belhar P.S.Case No.86 of 2011 for the offences punishable under [STATUTE] . The allegation against all these petitioners who are specifically named in the F.I.R and are co-villagers of the informant, is that they conspired in the killing of the deceased Manoj Yadav and Lekho Yadav by naxal elements who were 20/25 in numbers variously armed and in a very gory manner amputed the hands and limbs of Lekho Yadav before chopping his head and before returning back, they shot the cousin brother of the informant Manoj Yadav. The informant has mentioned Patna High Court Cr.Misc. No.43478 of 2011 (4) dt.28-02-2012 3 that the deceased was punished by the extremists for being Police Informers. Learned counsel for the petitioners submits that the petitioners herein have been implicated for having conspired the occurrence even when the alleged extremists had come with the specific objective of killing Lekho Yadav and Manoj Yadav for being Police Informers. It is submitted that considering the circumstances, a bench of this court has granted bail to one co-accused Baleshewar Yadav by order dated 7.2.2012 passed in Cr.Misc.No.2389 of 2012. Having heard learned cornel for the parties and having perused the materials on record, let the petitioners (1) Sitaram Yadav, (2) Janki Yadav, (3) Bishundeo Yadav alias Bishnudeo Yadav, (4) Nand Kishore Yadav and (5) Bhikha Yadav alias Bhikho Yadav be released on bail upon each one of them furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Banka in connection with Belhar P.S.Case No.86 of 2011, subject to the following conditions : (a) that the petitioners will receive the police papers on the given date and be present on date fixed for charge Patna High Court Cr.Misc. No.43478 of 2011 (4) dt.28-02-2012 4 and if they fail to do so on two given dates fixed for such purpose and delay the trial in any manner, their bail bonds will be liable to be cancelled for reasons of misuse; (b) that the petitioners shall ensure their representation before the court below on each and every date fixed in the case and the failure on the part of the either petitioners to ensure their representation on two consecutive dates fixed in the case, without reasonable explanation to the satisfaction of the court below, would entitle the court concerned to cancel the bail bond of the defaulting petitioner(s) and to take him/them into custody. ahk/- (Jyoti Saran, J)

Applicable IPC Section: 302

Statute Text:
Section 302 of the Indian Penal Code. Murder. Whoever commits murder shall be punished with death, or imprisonment for life, and shall also be liable to fine.