IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15873 of 2011 AJIT YADAV Versus THE STATE OF BIHAR ----------- 2 20.05.2011 Heard learned counsel for the petitioner and learned counsel for the opposite party. Prayer for bail of the petitioner in a case registered under sections 364, 302, 201 and 34 of the Indian Penal Code was earlier rejected on 17.08.2010 with a liberty to renew the prayer for bail after remaining in custody for nine months. Learned counsel for the petitioner submits that he has come after expiry of period of nine months. The allegation is that the accused persons came variously armed in the house of Rina Sinha in the morning of 30.10.2009 and dragged the informant’s son towards the river later on, the body of the informant’s son Santosh @ Krishna was recovered from the bank of the river which was duly identified as son of the informant. The informant stated in the F.I.R that on 29.10.2009 namely, Santosh@Krishna had gone to Rina Sinha for clearance of dues but when he did not return till 31.10.2009, became suspicious and proceeded in the house of said Rina Sinha which was locked. He could finally meet her on 5.11.2009. She informed him that in the morning of 30.10.2009, the accused persons including the petitioner came to her house and dragged his son towards the river. The informant lodged an FIR regarding kidnapping of his son, whose dead body was recovered on 2 10.11.2009 from near the river bed. Learned counsel for the petitioner submits that no one had seen the actual occurrence and there is no eye witness to the alleged murder. He submits that Jitender Kumar brother of the Rina Sinha stated that only three persons had dragged the deceased which contradicts her statement. Learned counsel for the petitioner submits that some of the co-accused had been allowed bail and petitioner is in custody since 17.02.2010 for more than one year three months. Considering the aforesaid facts and circumstances of the case, let the above named petitioner Ajit Yadav is directed to release on bail on furnishing bail bonds of Rs. 10,00/-(Ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-I, Barh, Patna in connection with S.T. No. 936 of 2010 arising out of Barh P.S Case No. 335 of 2009 subject to the condition that petitioner would not be physically absent for two consecutive dates at a stretch till three witnesses are examined in trial, failing which his bail bond would be cancelled. Prakash ( Samarendra Pratap Singh, J.)