IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.51035 of 2008 1. DHARAMVEER YADAV son of Ramanand Yadav, resident of village Markahi P.S.Alauli,District Khagaria 2. Sanjay Yadav son of Kaleshwar Yadav, resident of Rohiyar, P.S.Chautham,District Khgaria … … Petitioners Versus THE STATE OF BIHAR … … Opp. Party For the petitioners: Shri Sanjay Kumar Sinha For the State : Shri R.P.S.Singh, APP ----------- 2. 22.1.2009 Heard. The case has been registered under Sections 364,386 and other Sections of the Indian Penal Code against as many as five accused persons named and 7-8 unknown. A co- accused, namely, Rajendra Yadav has been admitted to bail by me in Cr. Misc. No. 49983 of 2008 on the ground and under the circumstances as indicated in the order which has been brought on record by filing a supplementary affidavit as Annexure 6 to it. Learned Additional Prosecutor resisting the prayer for bail has pointed out that part of the rejection order which contains the submission of the learned Public Prosecutor, in-charge that Allauddin was recovered from the house of Ramanand Yadav which is completely a misleading and 2 wrong submission made by the Public Prosecutor before the learned Sessions Judge and unfortunately the Sessions Judge also does not appear to have verified the above facts, which could have been detailed in the F.I.R. by merely going through the statement made therein. There is no statement that the man was recovered from the house of Ramanand Yadav and the F.I.R. indicates that seeing the police party approaching the accused persons, the criminals released the victim from their captivity who was being taken by them from a particular boat. Regard being had to the above facts and to an order passed in favour of a similarly situated accused, let the above named petitioners be released on their furnishing bonds each of Rs. 10,000/-( ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Khagaria, in Alauli P.S.Case N. 101 of 2008. Kanth ( Dharnidhar Jha, J.)