IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22719 of 2010 KAPIL YADAV Versus STATE OF BIHAR ----------- 05/ 18.11.2010 Heard learned counsel for the petitioner as well as learned P.P. for the State. Admittedly, petitioner is full brother of the deceased Bulu Yadav who was murdered along with his wife on 19.12.2001 and the instant case was registered on the basis of fardbeyan of father of the deceased. In course of hearing, learned counsel for the petitioner as well as learned P.P. fairly submits that except paragraph 77 of the case diary, there is nothing against the petitioner. Paragraph 77 of the case diary reveals that statement of two daughters of the deceased was recorded and in the said statement both daughters of the deceased claimed to have seen petitioner participating in the alleged crime. Had petitioner participated in the alleged crime along with FIR named and unknown person, he would have been certainly identified by the daughters of the deceased and his name would have been disclosed by the daughters of the deceased before their grand father at the time of recording of fardbeyan of the informant. In the aforesaid circumstances petitioner (Kapil Yadav), in the event of his arrest/ surrender within 30 days from the date of communication of the order, be released on bail in connection with Kako P.S. Case no. 302 of 2001 on furnishing bail bond of Rs 10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Jehanabad subject to condition as laid 2 down under section 438(2) of the Cr. P.C. shahid (Hemant Kumar Srivastava,J)