IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23502 of 2008 BINDU YADAV Versus THE STATE OF BIHAR ----------- 3 26.09.2008 The F.I.R. was lodged under Section 396 of the I.P.C. and Section 17 of the C.L.A. against hundred M.C.C. extremists. The informant, the police officer alleged in the F.I.r. that on 11.11.2000 at 7.00 P.M., criminals variously armed, ransacked Indian Oil Petrol Pump on the G.T. Road, near Barachatti P.S. and the criminals had also blocked the G.T. road and at that time one car including Archana Sharma (deceased), wife of Deputy Commissioner of Hazaribagh along with bodyguard came there and seeing the extremists, the car tried to escaped away but the criminal fired on the car, as a result of which the deceased received fire-shot injuries and subsequently she succumbed to injuries. Learned counsel for the petitioner submits that the petitioner is not named in the F.I.R. He also submitted that the petitioner is in custody since 05.02.2008 2 but he has not been put on T.I.P. nor there is recovery of any incriminating material from his possession. Learned counsel says that the learned Sessions Judge while rejecting petitioner’s bail application has mentioned that co-accused Lakhan Yadav and Surendra Yadav confessed before the police naming the petitioner as one of their associates during commission of offence but it is error of record so far as the confessional statement of Surendra Yadav is concerned. Learned counsel submits that there is no statement of Surendra Yadav in para-74 but in para-77 in his confessional statement he does not name the petitioner. Learned counsel further submits that in para-74 there is no statement of Lakhan Yadav but his statement finds place in para-51 and that Lakhan Yadav has named the petitioner as one of his associates. Learned counsel submits that besides the confessional statement as made before the police there is no other material against the petitioner. Mr. N. K. Prasad, the learned Addl.P.P. does not point out any other material. 3 In the facts and circumstances of the case, the petitioner Bindu Yadav is admitted to bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Sub Divisional Judicial Magistrate, Sherghati in connection with Barachatty P.S. Case No.193 of 2000. Mkr. (C.M. Prasad, J.)