IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3762 of 2011 Rajendra Yadav, S/o-Amrit Yadav @ Nando Yadav, R/o-Vill.-Jalhi, P.S.- Mohanpur, District-Gaya. –Petitioner. VERSUS The State of Bihar -Opposite Party. ----------- 02 03.02.2011 The petitioner is in custody since 17.09.2010 in Barachatti P.S. Case No.193 of 2000 registered under Section-396 of the Indian Penal Code and under Section-17 of the Criminal Law Amendment Act. Petitioner is not named in the F.I.R. In the F.I.R., it is alleged that when the family members of the Divisional Commissioner were traveling in the night on the Highway they were stopped by a mob allegedly of M.C.C. people who were looting a petrol pump nearby. The bodyguard and the miscreants exchanged fire in which the wife of the Divisional Commissioner got killed. Accordingly, the present case was instituted in the year 2000. There are no names given in the F.I.R. On behalf of the petitioner, it is submitted that the name of the petitioner transpired upon a statement under Section-161 Cr.P.C. by one Lakhan Yadav. The said Lakhan Yadav was then produced in the Court by the police to make a statement under Section-164 Cr.P.C. where he did not named anybody. On basis of the statement under Section-161 as made by Lakhan Yadav several people were implicated and arrested and have been released on bail by this Court. It is mentioned that even Lakhan Yadav has been released on bail in Cr. Misc. No.16921 of 2002 on 03.10.2002. It is further submitted that the petitioner was never declared absconder nor - 2 - processes were issued by the Court. Be that as it may, let the petitioner above-named be released on bail on furnishing a bail bond of Rs.10,000/- (Rupees Ten Thousand ) with two sureties of like amount each to the satisfaction of the Sub Divisional Judicial Magistrate, Sherghati, Gaya in connection with Barachatti P.S. Case No.193 of 2000. Trivedi/ (Navaniti Prasad Singh, J.)