IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36586 of 2008 HARDEO YADAV, Son of Umakant Yadav, Resident of village – Mohania, P.S. – Simri Bakhtiyarpur, District – Saharsa. Versus THE STATE OF BIHAR ----------- 3. 12.2.2009 Heard Sri Satish Kumar Singh, Advocate for the petitioner and Sri Dasrath Mehta, APP for the State. The petitioner is in custody in a case under Sections 392, 411, 279, 337 of the Penal Code and 25/26/35 of the Arms Act. The allegation is that he along with other accused persons had robbed the informant of the motor cycle, the engine number and chassis number of which have been stated in the written report and started to run away by using the same motor cycle as also by their own. While they were driving away a child was dashed down by the motor cycle belonging to the informant and the driver of the vehicle lost control of the same and as such tumbled down the vehicle. It was this petitioner and he was chased and caught by the villagers and the informant. I have perused the case diary myself. People in the State of Bihar are euphoric about the restoration of peace and tranquility in the society on account of good governance and better policing. If one could go through the case diary - 2 - one could find that there could never be any mal- investigation and bad collection probably of evidence in support of a charge which could be as serious as alleged. The child who was dashed against was never examined and the case was sent for trial to the Magistrate. The quality of investigation is such as the Investigating Officer did never visit the place of occurrence to describe it or to record the objective findings, which he could have noted thereon. He merely mentioned in paragraph 6 that the place of occurrence shall be inspected fully in proper light. No name of the injured child, no statement of his/her or any of its family members was recorded in the case diary. The contention was that the petitioner has been framed up. Let petitioner Hardeo Yadav be released from custody on furnishing a bond of Rs.3,000/- (three thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Saharsa in connection with Saharsa P.S. Case No. 68 of 2008. DKS/ (Dharnidhar Jha, J.)