IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39555 of 2009 1. BHOLA YADAV. 2. NANHAK YADAV AND 3. BIMAL YADAV, ALL ARE THE SONS OF LATE VAKIL YADAV, RESIDENT OF VILLAGE MANKURHA TOLA, KARIAWATAR, P.S. PALIGANJ, DISTRICT- PATNA………………………………………..PETITIONERS. Versus THE STATE OF BIHAR……………..OPPOSITE PARTY. ---------- For the Petitioners : M/s. Ajay Kumar Sinha and Dhirendra Kumar Sinha, Advocates. For the State : Mr. Rajendra Singh Shastri, APP. -------- 3. 11.12.2009. Heard learned counsel for the petitioners and the learned A.P.P. for the State. The petitioners are accused in a case registered under Sections 302/34 of the Indian Penal Code. It has been submitted on behalf of the petitioners that the petitioners are not named in the First Information Report. In the re-statement of the informant the petitioners have also been not named but after ten months of the occurrence, the informant in her third statement had taken the name of the petitioners wherein she had stated that some body had informed her that her husband were taking wine - 2 - alongwith these petitioners and thereafter they had thrown him into the pond. Learned counsel for the petitioners submitted that it is highly improbable story set up only on the basis of hearsay. There is no direct or indirect evidence connecting the petitioners in the alleged occurrence and even the witnesses Ramdeo Bind, Dhanraj Bind and Loha Bind, have only stated to the extent that the deceased was last seen alongwith these petitioners as they were jointly taking wine and they are responsible for over drinking of wine by the deceased. Thereafter on the following day the dead body of the deceased was found in the pond. Learned A.P.P. for the State submitted that though the petitioners are not named in the F.I.R., the informant subsequently had disclosed that the petitioners were instrumental in killing of her husband as per the information gathered by her from other persons. It has also been submitted that it has come during the course of investigation that the petitioners were last seen with the deceased drinking wine with him and on the following day the dead of the deceased was found in a pond. Having regard to the facts and the circumstances of - 3 - the case, the petitioners, namely, (1) Bhola Yadav, (2) Nanhak Yadav and (3) Bimal Yadav, are directed to be released on bail on their furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the A.C.J.M. at Danapur in connection with Paliganj P.S. Case No.126/2008 of District Patna. P.S. (Dr. Ravi Ranjan,J)