IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.431 of 2009 PANKAJ RAM @ PRATAP RAM Versus STATE OF BIHAR ----------- For the petitioner : Mr. Kanhaiya Pd. Singh, Sr. Advcoate For the State : Mr. Jharkhandi Upadhaya, APP ------- 4 15.4.2009 Heard learned counsel for petitioner PANKAJ RAM @ PRATAP RAM who is incarcerated since 12.5.2008 in connection with Dharhara P.S. Case No. 47 of 2007 registered under sections 364, 302 and other allied sections of Penal Code along with Section 17 of the C.L.A. Act. The FIR was against 40-45 unknown culprits and based on the fardbeyan of one Dashrath Yadav who alleged that on the night of 29.5.2007 while they were sleeping four persons in uniform came and took away his son Ram Chandra Yadav. Simultaneously Shambhu Yadav another son of the informant and co-villager Anil Yadav along with Ranjan Yadav were also taken away by the miscreants. After sometime Ranjan and Shambhu Yadav returned and informed of the accused persons, who were said to be members of the M.C.C cadre, killing Ramchandra Yadav and Anil Yadav. However, no names appear to have been disclosed while giving the fardbeyan as a result whereof the case was registered against unknown. The informant does not appear to have disclosed the names of the petitioner or any other member of the so-called gang even in his further statement. However, in the statement of Shambhu and Ranjan the names of the petitioner and others are disclosed who allegedly had killed Anil Yadav and Ram Chandra Yadav after kidnapping them and by chopping of their heads. These statements are sought to be supplemented by other witnesses whose statements are recorded in para - 2 - nos. 12 to 16 of the case diary. The fardbeyan appears to have been lodged on information given to the informant by his grandsons Shambhu and Ranjan but as it appears no names obviously were disclosed to the informant at that time. Had the names been disclosed they apparently would have been revealed in the fardbeyan and if not in the fardbeyan then at least in the further statement of the informant. In view of the facts and circumstances of the case the petitioner PANKAJ RAM @ PRATAP RAM is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount to the satisfaction of the learned Chief Judicial Magistrate, Munger in connection with Dharhara P.S. Case No. 47 of 2007. Spd/- (Abhijit Sinha, J.)