IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10155 of 2009 BIJENDRA YADAV, S/O SRI TANIK YADAV, R/O VILLAGE- BARUI, P.S.-SHEIKHPURA, DISTRICT-SHEIKHPURA. …………PETITIONER. Versus THE STATE OF BIHAR ……………OPPOSITE PARTY. ----------- 2 01.05.2009 Heard learned counsel for the petitioner and learned counsel for the State. Case is under Section 302/34 of the Indian Penal Code and 27 of the Arms Act. The petitioner is not named in the FIR. As per the prosecution case the deceased had gone on motorcycle in the night for imparting tuition but he did not return and next morning his dead body was found in the field near Jarbag. After lodging of FIR, police submitted final form as no clue could be found of the alleged murder. Thereafter protest petition was filed. It appears that the wife of the informant had filed a petition before the National Humane Right Commission due to which the investigation was re-opened and charge- sheet has been submitted against the petitioner and others. From the impugned order, it does not appear that any direct material has come during the investigation establishing the complicity of the petitioner in the crime except for some circumstantial evidence on account of alleged enmity. - 2 - Petitioner is in custody since 19.11.2008. In the circumstances, let petitioner, namely, Bijendra Yadav be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Sheikhpura in connection with Sheikhpura P.S. Case No. 55 of 2003. Arvind/ (J.N Singh, J)