IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20895 of 2009 BACHHU YADAV Versus STATE OF BIHAR ----------- 2 30.06.2009 Heard both sides. The sole petitioner who is an accused in a case instituted under diverse sections of Indian Penal Code including section 302 of Indian Penal Code, has applied for bail. The date of occurrence in the present case is 31.5.2001. The deceased is an old lady called Daho Devi. Initially, a complaint was lodged on 2.6.2001 which was subsequently treated as an F.I.R. on 8.7.2001. The police, upon conclusion of investigation, submitted a final form on 22.8.2001 (Annexure-3) whereunder all the accused persons named in the complaint/F.I.R. including the petitioner were not sent up for trial as there were not sufficient evidence justifying trial. It appears that the complainant/informant had filed a protest petition. The said matter remained pending for over 6 to 7 years. An inquiry was made based on the protest and ultimately the court below under order dated 6.5.2008 found that the witnesses examined at the trial justify trial of the case and accordingly, cognizance was taken under diverse sections of the Penal Code. Learned counsel for the petitioner submits that his implication has been made in the case because of the fact that a particular piece of land which was allegedly purchased in the 2 name of the deceased was subsequently purchased by him from the same person who is agnate of the petitioner and on account of this fact, the petitioner has been implicated in this case. It is further contended that in these factual scenario, he applied for anticipatory bail which was ultimately dismissed as infructuous under order dated 17.4.2009 as the petitioner in the meanwhile was arrested . It is contended that that he is in custody since 3.4.2009. Having regard to the facts, as indicated above, this court directs release of the petitioner. Let the petitioner abovenamed be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of S.D.J.M., Nalanda at Biharsharif in connection with Complaint case no. 751C/2002 subject to the condition that one of the bailers will be own/close family member of the petitioner. pkj ( Kishore K. Mandal, J. )