IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.52166 of 2007 ARJUN YADAV Versus STATE OF BIHAR ----------- 03/ 08.05.2008 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner is an accused for an offence punishable under section 302 of the Penal Code. Learned counsel for the petitioner submits that the petitioner is the informant of the instant case and he had lodged a first information report against six named accused persons of the same village, who came to his house for committing his murder due to previous enmity, but in the absence of the petitioner his wife and a daughter of two years were killed. He further submits that the petitioner is innocent, but has been falsely implicated only on the basis of suspicion although there was no material to support such a frivolous case. Learned counsel for the petitioner states that the petition for bail of the petitioner was rejected by the learned court below only on the basis of paragraphs 4, 15, 45, 105, 142 and 237 of the case-diary, but paragraph 4 of the case-diary merely shows the place of occurrence, whereas, paragraph 25 thereof shows that an open and secret enquiry was made. He also avers that paragraphs 45 and 142 contain the supervision notes of the Deputy Superintendent of Police, whereas, paragraph 237 is with respect to direction of the Superintendent of Police for submitting charge-sheet. He further - 2 - contends that only one person has raised some suspicion against the petitioner in paragraph 105 of the case-diary. Learned counsel for the petitioner also states that the entire allegation is false and frivolous as there was no occasion for the petitioner to kill his wife and daughter aged about two years only, whereas, on the other hand the accused persons against whom the petitioner had lodged the first information report clearly had dispute with the petitioner. He also avers that in the facts and circumstances there is no material to implicate the petitioner in the aforesaid occurrence, but inspite of that he is in custody since 16.08.2007. In the aforesaid facts and circumstances, this petition for bail is allowed. Accordingly, let the sole petitioner, namely Arjun Yadav be admitted to bail on executing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Aurangabad, in connection with Rafiganj P.S. Case No. 23 of 2003 dated 07.02.2003. MPS/ ( S. N. Hussain, J. )