IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40963 of 2008 GUDDU YADAV @ GUDDU RAI @ RAMJAYPAL YADAV Versus THE STATE OF BIHAR With Cr.Misc. No.41330 of 2008 SAFI AHMAD Versus THE STATE OF BIHAR ----------- 3. 12.01.2009 Heard Sri Sudish Kumar and Sri Sumant Kumar, Advocates for the petitioners and Sri Dasrath Mehta, APP for the State. The case is under Section 302 of the IPC and the petitioners in the two petitions are not named in the FIR. The learned Judge who dismissed their prayers has referred to four paragraphs in two different orders passed in respect of the prayers for bail of the two petitioners. Those are paragraphs 15, 33, 38 and 54 of the case diary. That appears in the submission part of the order in respect of submissions advanced by the learned Public Prosecutor of the Court. It was desirable that the learned Judge should have taken pains to go through the relevant paragraphs of the case diary and then to have accepted the contents thereof. This appears necessary to point out to the learned Judge, inasmuch as, paragraph 15 contains confessional statement of petitioner - 2 - Guddu Yadav, whereas paragraph 33 contains copy of the inquest report and 38 is the copy of the post-mortem examination report. Paragraph 54 is the gist of the supervision note of any supervising authority. Acting in such blatant manner without apply one to the facts of a case to negate the prayer could not be appreciated by any court at least a court of this class. The seriousness of the offence could not be a circumstance for dismissing the prayers for bail. Individual allegations and supporting materials are required to be noted down in support of an order of the nature as passed by the learned Judge. Regard being had to the facts and complete absence of material, let the two petitioners in the two petitions, namely, Guddu Yadav @ Guddu Rai @ Ramjaypal Yadav and Safi Ahmad be released from custody on furnishing a bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Patna in connection with Beur P.S. Case No. 69 of 2008. DKS/ (Dharnidhar Jha, J.)