IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31435 of 2010 SANTOSH YADAV son of Deoni Yadav, R/O village Chapar Lal (Rangda) P.S. Gopalpur, Dist.Bhagalpur ….petitioner Versus STATE OF BIHAR O.P. ----------- 3 07.10.2010 Heard the parties. In a criminal prosecution originally registered under sections 364, 504/34 of the Indian penal Code in which subsequently offence under section 302/201 I.P.C. was also added, the petitioner and seven other persons are specifically named as accused and they are alleged to have kidnapped Bablu Sah while he was returning from Gulab Bag in the town of Purnea on a pick up van. From the narration of the FIR vide annexure-1, it appears that victim had talked with the informant on mobile and he was giving details about the progress of the vehicle coming towards his house. The victim had also disclosed to the informant that near the Darwaja of Hari Lal Yadav all the eight FIR named accused persons were standing with certain lethal weapon forcibly entered into the vehicle and subsequently kidnapped aforesaid Bablu Sah along with vehicle. The informant claimed to have arrived there and saw the moving vehicle in which his brother and the accused persons including the petitioner were present there. Subsequently the victim was found dead in Diyara of village Chapar. Learned counsel for the petitioner submits that excepting the informant and his family members independent witnesses have not supported the prosecution case. Learned counsel for the State and the informant have 2 strongly opposed the prayer for bail and have submitted that there is ample material in the case diary to show the participation of the petitioner in the crime in question. Taking into consideration the nature of allegation and material available on record, this court is not persuaded to accede to the prayer made on behalf of the petitioner for grant of bail.. The prayer for bail is rejected at this stage with a liberty to renew his prayer for bail after completion of year in judicial custody. M.Rahman ( Birendra Prasad Verma, J )