IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.33374 of 2009 ***** Awadhesh Yadav, son of Sakaldeo Yadav, resident of village- Ramanujbag, Police Station Kudaganj, District-Nalanda. …. …. Petitioner Versus The State of Bihar …. …. Opposite party ----------- 3. 23.11.2009. Heard learned counsel for the petitioner and the learned A.P.P. for the State. A case under Section 396/412 of the Indian Penal Code was registered in Jehanabad P.S. Case No.115/2008. As per the informant many unknown criminals entered the house, committed dacoity, looted away household articles and three persons came to be killed by firearms and some persons even sustained injuries. Petitioner’s name has emerged during the course of investigation on the basis of statement of a co- accused recorded in the case-diary where it is stated that one Bhagina of Ramji Yadav is also involved in the said case. Submission of learned counsel for the petitioner is that Ramji Yadav has more than one Bhagina and the present petitioner is supposed to be in employment outside the State and it is only a question of conjecture and surmises about his involvement in the said case. No substantive material as such has come against him which entitles him to the benefit of bail at this stage. It is also submitted that there is some material to show the innocence of the petitioner but all those are matters of trial. It is also stated that many a persons have been granted bail in the said matter. Considering the over all submissions of the learned counsel for the petitioner, let the petitioner, namely, Awadhesh Yadav, be - 2 - enlarged on bail on furnishing bail bond in the sum of Rs.20,000/- (Twenty Thousand) with two sureties in the like amount each to the satisfaction of Chief Judicial Magistrate, Jehanabad in connection with Jehanabad P.S. Case No.115/2008. One of the sureties will be executed by the father of the petitioner and the other by a government servant of an elected representative of the area to which the petitioner belongs. Petitioner will be well advised to cooperate in the trial and shall not abscond. He shall appear on each and every date either in person or through his counsel. Pawan/- (Ajay Kumar Tripathi, J.)