IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31547 of 2010 CHOTI YADAV @ LAXMAN YADAV & ANR Versus STATE OF BIHAR ----------- 3 02.12.2010 Heard learned counsel for the petitioners as well as learned counsel for the State. Petitioners are not named in the FIR but during course of the investigation their names transpired and it is stated that petitioner no.1, Choti Yadav @ Laxman Yadav had illicit relationship with wife of deceased and furthermore one witness namely, Hira Lal Yadav at para 31 of the case diary claimed to have seen the petitioners and other accused carrying the deceased towards bamboo clamp. It is obvious from perusal of Annexure-2 that the father of deceased had filed a protest petition before Chief Judicial Magistrate, Madhepura, but in the aforesaid protest petition, he did not even whisper the above stated statement of witness nor stated anything against the petitioner. In view of the aforesaid circumstance 2 petitioners, namely, (1) Choti Yadav @ Laxman Yadav and (2) Ajay Yadav, are directed to be released on bail on furnishing bail bonds of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhepura in connection with Puraini Police Station Case no.45 of 2010 registered under Section 302/34 of the I.P.C. and 27 of the Arms Act. PN ( Hemant Kumar Srivastava,J.)