IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.24694 of 2011 Dhirendra Yadav Versus The State Of Bihar ----------- 03/ 22.09.2011 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner is in jail custody since 29.4.2011 in a case registered under sections 302, 120B/34 of the IPC. Petitioner is not named in the first information report but in course of investigation when the petitioner was arrested and made his confessional statement, he stated that he had gone to the place of the occurrence at the request of co-accused Tippu Yadav and others. Furthermore, it would appear from perusal of the entire case diary that one witness Kishunlal Yadav who happens to be brother of the informant stated that when he reached near the house, in which alleged occurrence said to have taken place, he saw FIR named accused Tippu Yadav and Dablu Yadav in the aforesaid house and at that time, informant was not present there. He further stated that when he was sitting in front of the house of Bakeshwar Yadav, he saw the petitioner and other FIR named accused coming out from the aforesaid house in which occurrence is said to have taken place. No doubt, in this case, innocent boy was brutally killed but even the confessional statement of the petitioner is assumed to be true, then also, he had not participated in assaulting the deceased. Accordingly, petitioner, Dhirendra Yadav, is directed to be released on bail on furnishing bail bonds of Rs 10,000/- with two 2 sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Araria in Narpatganj P.S. Case no. 102/2011. shahid (Hemant Kumar Srivastava,J)