IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.50443 of 2008 HULLO YADAV, son of Sri Ram Nath Yadav, resident of village Ram Nagar, P.S. Pirpainty, District – Bhagalpur Versus STATE OF BIHAR ----------- 2/ 20.1.2009 Heard. Petitioner is not named in the FIR of a case under section 396 of I.P.C. It is indicated by the informant in his report that he knew the details of the incident from his injured brother Sadanand Yadav and was making the report accordingly. The contention is that the statement of the informant was virtually the statement of said Sadanand Yadav and accordingly, he did not name anyone in the statement which was reiterated by the police. Next contention is that said Sadanand Yadav made his statement before the police after many days of the incident and implicated the petitioner as one of the persons with some specific overt act. It is further submitted that prosecution version is an after thought and it is a clear case of false implication. Be that as it may, regard being had to the facts and circumstances of the case, let petitioner Hullo Yadav be 2 released on bail on furnishing bail bond of Rs.10000/(ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge, F.T.C. IV, Bhagalpur in S.T. No. 967 of 2008, Tr. No. 60 of 2008 arising out of Pirpainty P.S. Case no. 20 of 2001. Anil/ ( Dharnidhar Jha,J )