IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4270 of 2011 1. PINKU YADAV, son of Matuki Yadav, resident of village- Kharma Pahari, P.S.-Laxmipur, District- Jamui. 2. Bahadur Yadav, son of Late Phago Yadav, resident of village-Govindpur Digra, P.S.-Jhajha, District-Jamui. …….Petitioners. Versus THE STATE OF BIHAR ----------- 2 07.02.2011 The two petitioners are Sala and Bahnoi and are reside in Jamui. They are in custody in the present case from 5.9.2010 and 6.9.2010 respectively. In Kajra P.S. Case No.33 of 2010 instituted on 30-8- 2010 under Section 302 and other section of I.P.C. read with Arms Act and Section 17 of Criminal Amendment Act. In the F.I.R. it is alleged that at the time of occurrence there was great encounter near the Kajra hills with Maoist. Several police and C.R.P.F. officials were abducted and killed. The police station raided. Petitioners are not named in the F.I.R. On behalf of petitioner it is stated that the two petitioners had gone to Jamui Civil Court to consult their lawyer about some family matters. In the court they were called by the police, as they live at the foot hills. They refused to disclose identity of Maoist in their village. They were taken into custody on the 3rd of September when their father came to know of this on 4th, he immediately filed a petition in the court of Chief Judicial 2 Magistrate, Jamui against the illegal detention of the son and son-in-law. It was only thereafter on the 5th and the 6th respectively, two were sent for remand. Unfortunately these are matters of record which the learned Sessions Judge has simply glossed over. It is not alleged that the petitioners were in fact found at the time when Maoist incident took place. It is only alleged that they were associated with the Maoist organization. Be that as it may, let the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs.10,000/-(Rupees Ten Thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Lakhisarai in Kajra in connection with Kajra P.S. Case No.33 of 2010. PN ( Navaniti Prasad Singh ,J.)