IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.27445 of 2008 SURENDRA YADAV @ SURENDRA SINGH YADAV & ORS Versus STATE OF BIHAR ----------- 2. 20.08.2008 Heard learned counsel for the petitioner and the State. Petitioner is an accused in a case registered for the offences under Sections 302, 201/34 of the Indian Penal Code. It is submitted that the petitioners are not named nor there are any allegations against them and also no material has come against these petitioners. As such no charge sheet was submitted against these petitioners. However, during trial under provisions of section 319 of the Code of Criminal Procedure at the instance of the prosecution these petitioners were summoned. It is further submitted that P.W. 1 and 2, on the basis of whose evidence the petitioners summoned, had no personal knowledge of their own. However, the depositions were made on the basis of the information given to them by persons namely Sunil Kedar etc. against whom the petitioner no. 2 and 3 had filed an earlier criminal case vide Sheosagar P.S. Case no. 55 of 2000 and they are facing trial vide paragraph -12 and for the said reasons petitioners are falsely implicated in this case. Having considered the submissions as noted above and the materials brought on record, it is directed that in the event of arrest or surrender within a period of four weeks from today, the petitioners, namely, Surendra Yadav @ Surendra Singh Yadav, Kulbansh Yadav, Dadan Yadav, Thakur Yadav, Balister Yadav, Radhey Shyam Yadav 2 @ Radhe Shyam Yadav, Kapil Yadav @ Kaiil Yadav @ Kapil Singh Yadav, Hira Yadav @ Hira Singh and Munna Yadav 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 the Additional Sessions Judge, Fast Track Court –II, Rohtas in connection with Sheosagar P.S. Case No. 03 of 2005 arising out of S.Tr. No. 393 of 2005 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. It goes without saying that in case these petitioners are found not cooperating with the trial, it will be open for the prosecution to file an application for cancellation of bail. Jagdish/- (Shailesh Kumar Sinha,J)