IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.48140 of 2007 RAM BABU SAH Versus STATE OF BIHAR ----------- Cr.Misc. No.32595 of 2007 LUXMI SAH Versus STATE OF BIHAR ----------- Cr.Misc. No.13982 of 2008 LALIT YADAV Versus THE STATE OF BIHAR ----------- Cr.Misc. No.15187 of 2008 RAM PHAL SAH @ RAM PHAL SAHU Versus STATE OF BIHAR ----------- 4. 02-05-2008 Heard learned counsel for the petitioners and also learned APP on behalf of the State. The petitioners are accused in a case u/ss 396, 412, 201, 120B of the Indian Penal Code. The allegation is that a truck bearing registration no. BIA- 981 was hired by the transport agent to transport wheat from FCI godown, Darbhanga to SFC godown, Manigachhi. The vehicle did not reach Manigachhi. The dead body of Khalasi, Mukesh, was recovered in the district of Muzaffarpur. At some distance truck was also found lying abandoned. The driver Md. Pyare was apprehended. He confessed before the police and disclosed how Mukesh was killed. He also informed that 30 wheat bags were unloaded in the house of one Ram Narayan Sahu. He named the petitioners also. It has been submitted that except the alleged confessional - 2 - statement of accused Md. Pyare there is nothing more against the petitioners. There is also no specific evidence to show that petitioners participated in the alleged occurrence. It has further been submitted that during the course of investigation Md. Pyare retracted from his previous statement and filed petition to that effect before the court below. It appears that police raided the house of Ram Narayan Sahu and recovered some of the wheat bags. It appears that petitioners, Lalit Yadav, Luxmi Sah, Ram Babu Sah and Ram Phal Sah @ Ram Phal Sahu are in custody since 5.2.08, 8.3.07, 13.3.07 and 8.6.07 respectively. In the facts and circumstances of the case, the petitioners, above named, are directed to 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 Chief Judicial Magistrate, Darbhanga in L.N.M.U.(Vishwa Vidayalaya) PS case no. 182/06. BKS/ (M. Saran,J.)