IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23744 of 2008 GANESH YADAV Versus STATE OF BIHAR ----------- 3. 30.09.2008 The case is under Section 302, 201, 120(B) of the Indian Penal Code. The informant alleged that co-accused Lalan Yadav, Bablu Yadav and Kharkan Yadav had taken the deceased away with them to the house of co-accused Sanjay Pandit and thereafter he (deceased) did not come back and that later on in course of search Jaikant Yadav and Kharkan Yadav informed him (informant) that petitioner Ganesh Yadav had told them that the deceased had been killed and the dead body was lying near Maria river and that on learning this the informant went towards river where chopped off head of the deceased was found. The learned counsel for the petitioner submits that the petitioner has been implicated on the statement of Jaikant Yadav and Kharkan Yadav who are not eye-witnesses and that who do not say as eye-witnesses and that the petitioner is not said to have confessed himself about the commission of murder. The learned counsel also submits that co-accused Sanjay Pandit, Bablu Yadav and Lalan Yadav has already been allowed bail by a Bench of this Court vide order dated 3.7.2008 passed in Cr. Misc. No.12903, 13167 and 21312 all of 2008. Mr. S. R. Haque, the learned A.P.P. does not point out any other material against the petitioner. In the facts and circumstances of the case, the petitioner, Ganesh Yadav is admitted to bail on furnishing bail bond of - 2 - Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Saharsa, in Basnahi P.S. Case No. 1 of 2007. (C.M. Prasad, J.) Ravi/-