IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20435 of 2010 SADHU YADAV SON OF DAROGA YADAV, RESIDENT OF VILLAGE BASRAJ BIGHA, P.S. MAKHDUMPUR, DISTT. JEHANABAD – PETITIONER. Versus THE STATE OF BIHAR—OPP. PARTY. ----------- For the petitioner : M/S Sunil Kumar with Ranjeet Kumar, Advocates. For the State : Mr. Ram Priya Sharan Singh, A.P.P. ------ 2/ 17.06.2010 Heard the parties. In a criminal prosecution initiated for offences under section 394/302/34/120-B of the Indian Penal Code and 27 of the Arms Act, the petitioner is named in the F.I.R. as an accused, beside others. From perusal of the F.I.R., vide Annexure-1, it appears that there was some matrimonial dispute between the deceased Rabindra Kumar and his first wife, who happens to be sister of co- accused Vijay Prasad Yadav and a maintenance case was also pending in the court. It also appears that for settlement of aforesaid dispute a panchayati was convened, but that could not succeed, where-after while aforesaid Rabindra Kumar along with his other family members were returning to the village home, accused persons are alleged to have intercepted them near a bridge. In the F.I.R. there is specific allegation that co-accused Vijay Prasad Yadav and co-accused Awadhesh Yadav fired upon the deceased, as a result of which he died. It is submitted on behalf of the petitioner that he - 2 - has been falsely implicated in the present case only because of fact that he also participated in the aforesaid Panchayati. Petitioner is neither alleged to have been armed with any weapon nor he is alleged to have caused any injury to the deceased. Petitioner is stated to be in judicial custody since 26.03.2010. In the aforesaid facts and circumstances, let the above named petitioner be enlarged on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jehanabad in connection with Makhdumpur P.s. Case No. 375 of 2009. ( Birendra Prasad Verma, J ) BTiwary/