IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9927 of 2008 THAKURI YADAV Versus STATE OF BIHAR ----------- Cr.Misc. No.9229 of 2008 ASHOK YADAV Versus STATE OF BIHAR ----------- Cr.Misc. No.3092 of 2008 RAMDEO YADAV Versus STATE OF BIHAR ----------- Cr.Misc. No.11735 of 2008 CHANSI YADAV @ CHANDSI YADAV Versus STATE OF BIHAR 2 5.5.2008 Heard learned counsel for the petitioners. No body appears on behalf of the State. The petitioners are accused in a case under sections 302, 452 and 120B of the Penal Code. The prosecution case is that at about 3 A.M. four persons entered the house of the informant Rekha Devi and they began to assault her husband Nawal Kishore Yadav. It is alleged that she identified two persons, namely, Lal Bihari Yadav and Pappu Tanti. It is further alleged that both these persons along with others assaulted the deceased and Lal Bihari Yadav is said to have fired hitting the back of Nawal Kishore Yadav. In the F.I.R. itself it has been stated by one of the accused that Chansi Yadav and Ramdeo Yadav would be satisfied on hearing that Nawal Kishore Yadav is killed. During investigation it appears that apart from this statement 2 that Ramdeo Yadav and Chansi Yadav would be satisfied, There is no further material to connect Ramdeo Yadav and Chansi Yadav with the occurrence. It is submitted that at the relevant time Chansi Yadav was in custody because of the Sanha filed by the deceased Nawal Kishore Yadav and it is for this reason that his name has been disclosed in the F.I.R. As far as Ramdeo Yadav is concerned, it has been submitted that he is an Ex-M.L.A. and has a clean antecedent. It is further submitted that he was obviously not present at the time of occurrence as the informant would have identified him as she knew him very well. The cause behind the implication is that both of them have fought election and Ramdeo Yadav had won. So far as petitioner Ashok Yadav is concerned, he too is not named in the F.I.R. The reason for implicating him, according to counsel for the petitioner, is that Ashok Yadav was arrested on the information given by deceased Nawal Kishore Yadav. This statement has been made by the daughter of the deceased and on this basis she alleges that he was also involved in conspiracy to kill Nawal Kishore Yadav. Petitioner Thakuri Yadav has not been named in the F.I.R. and his name has come on suspicion as he is said to be an associate of the other petitioners in these cases. Learned counsel for the petitioners, therefore, submits that there is no direct evidence against the petitioners and also the 3 circumstantial evidence, if any, is very weak and is based on mere suspicion. Be that as it may, the petitioners, namely, 1. Thakuri Yadav, 2. Ashok Yadav, 3. Ramdeo Yadav and 4. Chansi Yadav @ Chandsi Yadav are directed to be released on bail in Belhar PS Case No. 128 of 2007 on furnishing bail bonds of rupees ten thousand each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Banka with the conditions that one of the bailers should be close family members of the petitioners, the photographs of the bailers should be affixed on the bail bonds and that the petitioners should cooperate with the court during the pendency of the case. (Sheema Ali Khan,J) haque