IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10608 of 2011 JAI PRAKASH YADAV @ PRAKASH CHANDRA YADAV Versus THE STATE OF BIHAR with Cr.Misc. No.1601 of 2011 BIDESHI YADAV Versus THE STATE OF BIHAR ----------- 2 04.04.2011 Heard learned counsel for the petitioners as well as learned counsel for the state. Both the above-said Cr. Misc. Cases arise out of the same case i.e. Bakhtiyarpur P.S. Case No. 153 of 2006 registered under sections-302/34 of the Indian Penal Code and accordingly, the above-said Cr. Misc. Cases are being heard and disposed of by this common order. As per prosecution case itself, the alleged occurrence took place on 17.08.2006 and the fardbeyan of the informant was recorded on 19.08.2006 i.e, after the death of the deceased. The contention of learned counsel for the petitioners is that the deceased sustained injuries by bull and the aforesaid fact was disclosed by him when he was admitted in hospital for treatment. But subsequently, after death of the deceased, the informant in collusion with enemies of the petitioners lodged this case on account of land dispute. It is further pointed out that when informant realized her fault, she, too, filed a petition before the court below disclosing the innocence of the - 2 - petitioners. Although in course of investigation, statements of some witnesses were recorded under section-164 of the Cr.P.C. in which they stated that the petitioner in Cr. Misc. No. 10608 of 2011 was main assailant but admittedly, the statements of aforesaid witnesses were earlier recorded by the I.O. and they did not mention name of the petitioner in Cr. Misc. No. 10608 of 2011 as main assailant in this case. Taking into consideration the aforesaid facts and circumstances coupled with submission of the parties, particularly, this aspect of the matter that a general allegation of assault has been levelled against the petitioners as well as other co-accused persons, let the petitioners, namely, Jai Prakash Yadav @ Prakash Chandra Yadav and Bideshi Yadav be released on bail on furnishing bail bond of Rs 10,000/- (ten thousand) with two sureties of the like amount each in connection with Bakhtiyarpur P.S. Case No. 153 of 2006 to the satisfaction of Chief Judicial Magistrate, Saharsa. AKV/- (Hemant Kumar Srivastava,J.)