IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3351 of 2008 MANOJ SINGH & ORS Versus THE STATE OF BIHAR ----------- Cr.Misc. No.3904 of 2008 DADAN YADAV Versus THE STATE OF BIHAR ----------- Cr.Misc. No.4566 of 2008 BIGU SINGH Versus THE STATE OF BIHAR ----------- Cr.Misc. No.5179 of 2008 VINOD YADAV Versus STATE OF BIHAR ----------- 3 19.5.2008 Heard on the bail petitions filed on behalf of the petitioners Manoj Ssingh, Pintu Singh, Amarjeet Singh, @ Ajit Sah in Cr.Misc.No.3351/2008, Dadan Yadav in Cr.Misc.No.3904/2008, Bigu Singh in Cr.Misc.No.4566/2008, and Vinod Yadav in Cr.Misc.No.5179/2008, arising out of Ramgarh P.S.Case No.60/2006, registered under Sections 302/34 IPC.They have been taken up together and are being disposed of by this common order. It has been submitted that the petitioners Manoj Singh,Pintu Singh, Amarjeet Singh @ Ajit Sah and Bigu Singh are named in the FIR and their names have been inserted in the FIR on the basis of the information received from one Bihari Mushar, who happens to be the son-in-law of the elder brother of the informant. The informant has nowhere seen the occurrence. 2 But the statement of Bihari Mushar as recorded in Paragraph-23 of the Case diary does not show that he is an eye witness or he has seen the occurrence so far dragging of the victim and bringing him to the petitioners named above is concerned and thereby causing his death.. Of course, Bihari Mushar has seen the dead body, but he is silent as to who participated in the incident. So far the petitioners Dadan Yadav and Vinod Yadav are concerned, they are not named in the FIR and their case stand on the better footing than the aforesaid four accused persons who are named in the FIR. From the collection of materials in the Case diary as submitted, it would not reveal even an iota of materials or evidence to show that the aforesaid petitioners ever participated in the incident of mercilessly beating or causing the death of the deceased. Moreover, the petitioners are said to be in custody for more than six months. In the facts and circumstances, all the petitioners named above are admitted to bail on furnishing bail bond of Rs.10,000/-(ten thousand)each with a two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Kaimur at Bhabhua, in connection with Ramgarh P.S.Case No.60/2006. SKBOSE (Subash Chandra Jha)