IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14935 of 2009 RAMCHANDRA YADAV, S/o Late Bindeshwari Yadav, resident of village – Korian, P.S. – Asharganj, District- Munger. …. Petitioner. Versus THE STATE OF BIHAR ….. Opp. Party. With Cr.Misc. No.27801 of 2009 PATWARI YADAV, S/o Late Anandi Yadav, resident of village – Koriyan, P.S. Asharganj, District – Munger. …. Petitioner. Versus THE STATE OF BIHAR …. Opp. Party. ----------- 03/ 08.09.2009 Heard learned counsels for the petitioners and learned APP for the State. Both the petitioners are in custody in Bath P.S. Case No. 26 of 2008 which was instituted under Sections 395, 412 and 120B of the IPC. According to the counsel for the petitioners these two petitioners have been alleged to have abused the informant a few days of the incident, but the only evidence which has come during investigation is that probably they were instigated other persons to commit the crime. There is no evidence to show that they were actually present at the time of the crime. It is also urged that for the said instigation they have been sufficiently punished and the case under Section 395 in the alleged statement made by the informant cannot be made out. Be that as it may, keeping the period of custody and the allegation, let petitioners Ramchandra Yadav and Patwari Yadav be enlarged on bail on furnishing bail bond of Rs.20,000/- (Twenty thousand) each with two sureties of the like 2 amount each to the satisfaction of Chief Judicial Magistrate, Bhagalpur in connection with Bath P.S. Case No. 26 of 2008 (G.R. No. 3762/08). One of the sureties will be executed by immediate blood relation of the petitioners on due identification by the court below. It is also recorded that petitioners will cooperate in trial and will appear on each and every date fixed by the trial Court either through themselves or through counsel. DKS/ ( Ajay Kumar Tripathi, J. )