IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.41755 of 2011 Chhotu Yadav @ Rakesh Kumar Versus The State Of Bihar ---------------------------------- 2 19-12-2011 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State assisted by learned counsel for the informant. The petitioner is in jail custody since 13-11- 2011 in a case registered under Sections-302, 201/34 of the Indian Penal Code and 27 of the Arms Act. Petitioner is named in the first information report and the allegation against him is that he alongwith co-accused, Gautam Yadav took the deceased and later on, the dead body of the deceased was found from a river. Learned counsel for the petitioner submits that the name of this petitioner has been dragged in this case at the behest of one, Satish Yadav with whom, the petitioner has inimical terms. It is further contended by him that in course of investigation, when the statement of daughter of the informant was recorded, she did not take the name of this petitioner and stated that her husband alone took her brother and apart from this, some other witnesses have also not stated about the 2 involvement of the petitioner in the present occurrence. It is further contended by him that in course of investigation, when the statement of witness, Suresh Yadav was recorded, he disclosed that the petitioner was an order giver. On the otherhand, learned counsel appearing for the informant opposed the prayer pointing out that the petitioner is a man of criminal antecedent and there is specific allegation against him. Considering the aforesaid facts and circumstances as well as submission of the parties, the petitioner, namely, Chhotu Yadav @ Rakesh Kumar is directed to be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each in connection with Nayaramnagar Bazar P.S. Case No. 128 of 2011 to the satisfaction of Chief Judicial Magistrate, Munger. AKVishwakarma ( Hemant Kumar Srivastava, J.)