IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7323 of 2009 DHARMENDRA YADAV Versus STATE OF BIHAR ----------- For the petitioner : Mr. Surendra Kumar Singh, Advocate For the State :Mr. Jharkhandi Upadhaya, A.P.P. ----- 3 22.04.2009 Petitioner DHARMENDRA YADAV who though not named in the FIR is in custody since 30.10.2008 in connection with Wazirganj (Tankuppa) P.S. Case No. 77 of 2005 registered under sections 302/201/34 IPC for allegedly having committed the murder of one Sarju Yadav. One Pitambar Yadav given his fardbeyan alleging the death of his brother Sarju Yadav at the hands of 5 FIR named accused of whom the petitioner was one and on the basis thereof Wazirganj P.S. Case No. 97 of 2004 was registered. However, in course of investigation it transpired that the said Sarju Yadav was very much alive and final form was submitted recommending action against informant Pitambar Yadav under sections 182 and 211 IPC. It was only thereafter the instant case has been filed on the self statement of S.I. Manju Paswan against unknown accused wherein it was stated that it was not Sarju Yadav who had died but Sukhari Ram which had transpired in course of the investigation and therefore the instant police case was filed. It further appears that in course of investigation the name of the petitioner cropped up again on the statement of witness Pitambar Yadav who 2 suspected the hands of the petitioner. Due regard being had to the facts and circumstances of the case petitioner DHARMENDRA YADAV is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount to the satisfaction of the learned Chief Judicial Magistrate, Gaya, in connection with Wazirganj (Tankuppa) P.S. Case No. 77 of 2005. Spd/- (Abhijit Sinha, J.)