IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8146 of 2011 GANESHI YADAV @ KHUSI LAL YADAV AND ORS. Versus THE STATE OF BIHAR ----------- 2/ 25.3.2011 Heard. Three petitioners are in custody in Complaint Case no. 2076 C of 2008 under various sections, like, 325, 452 and 379 of the IPC. Some of the accused persons, like, Sulekha Devi and others had been admitted to anticipatory bail and as regards Ganeshi Yadav, he had been directed in Cr. Misc. No. 10859 of 2010 to surrender in four weeks from 26.4.2010 when that petition was disposed of by this court. The learned judge, who rejected the prayer for bail of three petitioners, was of the view that not surrendering in time as directed by this court was one circumstance for refusing the prayer for bail. As regards other petitioners, there was no finding as to why they should not be granted bail. It is indicated by the rejection order itself that petitioner Ganeshi Yadav had earlier filed a complaint case against the complainant and the defence was also of land dispute between the parties. It is extremely sad that an officer in the rank of Sessions Judge is refusing the prayer for bail only because he was acting simply according to his whims and not by his conscience. In the facts of the case and in the light of the defence, let petitioners Ganeshi Yadav alias Khusi Lal Yadav, Lalu Yadav and 2 Binod Yadav be released on bail on furnishing bail bond of Rs.3000/(three thousand) each with two sureties of the like amount each to the satisfaction of C.J.M. Araria in Complaint Case no. 2076 C of 2008. Anil/ ( Dharnidhar Jha, J.)