IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32975 of 2008 DABLU HAZARI Versus THE STATE OF BIHAR ----------- 02/ 29.08.2008 Heard. The case relates to the alleged abduction of six persons from different deras (A bathan is generally found in the diyara where farmers lived with their animals and also utilized the place for thrashing purposes during dry seasons). Four of them were found by the informant with their hands tied and kept at a particular place and in further statement the informant claimed that the persons were picked up by the accused, who arrived by a tractor-trailor and put all the abducted persons on the vehicle and went towards diayara. The informant claimed that he traced the victims, dead or alive, by following the track of the movement of the tractor and reached near the persons who were found alive and they stated that accused Nutan Jha, this petitioner Dablu Hazari and accused Bimlesh Jha had slit the neck of Ramraj Singh and Umesh Jha by Bhujali. There is a lot of controversy raised through the argument on the competence of the informant as having seen the - 2 - occurrence of either picking up the victims or of tracking them down by going into the fields. Besides, the controversy is also by urging that it appears a complete case of fabrication of facts right from the story of abduction of the victims up to the finding of the dead bodies and it appears that there might not any abduction of those persons, who were left alive only with their hands tied. It is contended that the above persons are being projected with that particular allegation only because they could be made competent to narrate upon murder part of the story. The further contention is that considering all the facts and circumstances one of the three accused persons, who are alleged to have killed the deceased, namely, Bimlesh Jha has been admitted to bail by a Bench of this court vide Annexure-3. In the above circumstances, let petitioner Dablu Hazari be released from custody on furnishing a bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge, F.T.C. 1st, Khagaria in connection with Sessions Trial No. 381 of 2007 arising out of Parbatta P.S. Case No. 68 of 2007. DKS/ (Dharnidhar Jha, J)