IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11987 of 2008 RAMESH YADAV Versus THE STATE OF BIHAR ----------- 3. 05.09.2008 Heard learned counsel for the petitioner and the State. Petitioner is an accused in a case for the offences registered under Section 364(A) of the Indian Penal Code and later on added 364 of the Indian Penal Code. It is submitted that the allegation against this petitioner is to the effect that he, being the member of Zila Parishad had allotted the earth filling work to brother of the informant. While the work has been carried out, the co-accused Pankaj Yadav and others attempted to stop the work which led to the alleged occurrence. During investigation, no material has come out against the petitioner as such, final form was submitted against him. However, the Chief Judicial Magistrate took cognizance of the offence under Section 365 of the Indian Penal Code against the petitioner also including the other accused persons. Learned Addl. P.P. on perusal of the Statement of the brother of the informant is not in a position to refute the submission of the petitioner. Considering the submissions as made above as well as the materials brought on record and the averments made in the petition, it is directed that in the event of arrest or surrender within a period of four weeks from today, the petitioner, namely, Ramesh Yadav be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial 2 Magistrate, Saharsa in connection with Sour Bazar P.S. Case No. 43 of 2004 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Jagdish/- ( Shailesh Kumar Sinha,J.)