IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31586 of 2010 SITARAM YADAV Versus STATE OF BIHAR ----------- 3 02.12.2010 Heard learned counsel for the petitioner as well as learned counsel for the State assisted by learned counsel for the informant. Petitioner is named in the F.I.R. and admittedly, the written report of present case was given by daughter-in-law of the deceased at 08.30 P.M. to the Officer-in-charge which is evident from perusal of para 2 of the case diary. Para 2 of the case diary reveals that having got the information I.O. reached at the place of occurrence at 7.20 P.M. and found the deceased lying in unconscious state and he was not in a position to speak anything. The deceased was taken to hospital but he was declared brought dead. No doubt, in course of investigation, the informant and some witnesses, who claimed to have seen the alleged occurrence, stated that after occurrence, they reached at the place of occurrence where the deceased disclosed the name of petitioner as well as other accused, but it is surprising enough that the wife of deceased in her statement, which has been recorded at para-20 of the case diary, has stated that having got the information though Gauri Yadav and Umesh Yadav, she alongwith her family members went there and found her husband in injured as well as in 2 unconscious state and immediately the injured was taken to hospital. The witnesses ; Umesh Yadav and Gauri Yadav have also supported the aforesaid fact. The wife of deceased never disclosed this fact that deceased had stated the name of any person before her. Therefore, there are so many if and but between the statements of witnesses as well as findings recorded by the I.O. In the aforesaid circumstance, I think it proper to grant privilege of bail to petitioner namely, Sitaram Yadav, who is languishing in jail custody since 2.4.2010. Accordingly, it is ordered that petitioner Sitaram Yadav is directed to be released on bail on furnishing bail bonds of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Madhubani in Phulparas P.S. Case no.17 of 2008 registered under Section 302/34 of the I.P.C. and 27 of the Arms Act. PN ( Hemant Kumar Srivastava,J.)