IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13414 of 2009 O.P. YADAV @ UPENDRA YADAV, SON OF BRAHAMDEO YADAV, RESIDENT OF AKBAR NAGAR, P.S. AKBAR NAGAR, DISTRICT BHAGALPUR Versus STATE OF BIHAR ----------- 3. 20.07.2009 Heard learned counsel for the petitioner and learned counsel for the State. The case is under sections 302 and 379/34 of the Indian Penal Code. Petitioner is not named in the first information report. It is stated that later on, his name transpired on the basis of the confessional statement of one co- accused. Case diary was called for in this case and from the case diary it appears that some witnesses have raised suspicion against the petitioner on account of the fact that some scuffle had occurred between the deceased and the petitioner about five months ago for removing the Basa of the deceased from the place. The witnesses have stated that the petitioner has threatened the deceased with dire consequences. It is submitted by learned counsel for the petitioner that except this statement, no material has come against the petitioner during - 2 - investigation implicating him in the crime and confessional statement of co-accused is extra- judicial confession. It is also stated that co- accused had criminal antecedent whereas the petitioner had no criminal antecedent. When the petitioner came to know about the case, he himself surrendered in the court on 28.11.2008 and since then he is in custody. Considering the above facts and circumstances of the case, petitioner (O.P.Yadav @ Upendra Yadav) is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bhagalpur in connection with Akhbar Nagar P.S. Case No.72 of 2008, G.R. No.3394 of 2008. B.T (J.N. Singh, J.)