IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42180 of 2010 1. AJAY YADAV @ RABO YADAV SON OF CHHOTU YADAV. 2. CHHOTU YADAV SON OF LATE JANKI YADAV, BOTH ARE RESIDENT OF VILLAGE MASUD BIGHA, P.S. BARH DISTRICT-PATNA. …..PETITIONERS. VERSUS THE STATE OF BIHAR . …..OPPOSITE PARTY. ----------- 06. 29.06.2011 Heard learned counsel for the petitioners and learned counsel for the State. The prayer for bail of the petitioner was earlier rejected on 17.08.2010 with liberty to renew his prayer for bail after remaining in custody for nine years. Petitioner is in custody in Barh Police Station Case No. 335 of 2009 lodged for offences under Sections 364, 302, 201/34 of the Indian Penal Code. The informant stated in the FIR that on 29.10.2009 his son, namely, Santosh @ Krishna had gone to the house of Rina Sinha for collecting dues but when he did not return on 31.10.2009, he reached the house of Rina Sinha which was found to be locked. He could meet her on 05.11.2009, who stated that on 30.10.2009, nine persons dragged the informant’s son towards the river bad. The informant lodged an FIR regarding kidnapping of his son. The dead body was recovered on 10.11.2009 from the sand bed. Counsel for the petitioner submits that there is no eye witness of the actual occurrence and the statement of Rina Sinha has been controverted as one Jitendra Kumar stated that only three persons are involved in the murder of Santosh @ 2 Krishna. Counsel for the State submits that other co-accused persons have been allowed bail and petitioner no. 1 is in custody since 17.02.2010. In the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 5,000/-(five thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge, III Barh in connection with S.T. No. 936 of 2010 arising out of Barh P.S. Case No. 335 of 2009 with condition that he would not physically absent for two consecutive dates till non- official witnesses are examined, failing which his bail bond would be cancelled. Devendra/ ( Samarendra Pratap Singh, J.)