IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4281 of 2011 Manoj Yadav, Son of Kishun Yadav, R/o-Vill.-Basua, P.S.-Fatehpur, District-Gaya. –Petitioner. VERSUS The State of Bihar -Opposite Party. ----------- 02 10.02.2011 The petitioner is in custody in relation to Fatehpur P.S. Case No.26/04 instituted under Sections-302,379 and other Sections of IPC read with ¾ of SC/ST Act. In the F.I.R., it is alleged that one Dhanpat Yadav and three others were alleged to have been seen assaulting the informant’s brother and they managed to kill their father who had gone to purchase the new motorcycle for marriage of their sister. The injured brother took the name of Dhanpat Yadav and three others unknown. It is pointed out that after investigation first a charge sheet was submitted against Dhanpat Yadav then a supplementary charge sheet was submitted against ten other persons in the year 2007. Allegedly, the motorcycle which had been purchased was recovered from the place of motorcycle mechanic who disclosed to the police that the said motorcycle was brought for repair by the petitioner and two others. Accordingly, his statement was recorded in the year 2007 and ultimately processes were sought by the Investigating Officer so far as petitioner is concerned in the year 2009. When petitioner was in custody in relation to another case he was remanded in this case as well. It is submitted that considering the aforesaid facts that the incident took place in the year 2004 and the petitioner’s name without - 2 - any specific overt act alleged against him coming in the year 2007 after two charge sheets had already been filed is a ground sufficient to grant bail. Be that as it may, let the petitioner above-named be released on bail on furnishing a bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of like amount each to the satisfaction of the Chief Judicial Magistrate, Gaya in connection with Fatehpur P.S. Case No.26/04. Trivedi/ (Navaniti Prasad Singh, J.)