IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.42045 OF 2009 1. FUSAN YADAV @ BHUSHAN YADAV, SON OF SRI BISHUN LAL YADAV 2. MANOJ YADAV, SON OF SRI PAVITRA YADAV, BOTH RESIDENTS OF VILLAGE NANDGRAM, POLICE STATION DHAMDAHA, DISTRICT PURNEA………………...PETITIONERS VERSUS THE STATE OF BIHAR………………………..OPPOSITE PARTY ----------- 2 11.12.2009 Heard learned counsel for the petitioners and learned counsel for the State. The case is under sections 395, 436, 331, 332, 353, 120B, 109 of the Indian Penal Code and sections 4 and 5 of the Prevention of Damage of the Public Property Act. As per the first information report, 600-700 persons attacked the residence-cum-office of the informant S.D.O. and ransacked it and in the process residence-cum-office of S.D.O. was set on fire. Nobody was named in the F.I.R. Subsequently, the guard of the S.D.O. named one Bikash Kumar after almost 33 days of the occurrence. Bikash Kumar was apprehended and he is alleged to have made confessional statement naming these petitioners and several others. Bikash Kumar was separately put on trial and in the trial, the said guard has not supported his statement before the police of having identified Bikash Kumar. The said Bikash Kumar has been - 2 - allowed bail by this Court vide order dated 06.08.2004 passed in Cr. Misc. No.21022 of 2002. Considering the fact that the accused, who allegedly named these petitioners in his confessional statement, has been allowed bail by this Court and the main witness, who named the said accused has resiled from his statement in trial, this application is allowed. Let petitioners, namely, Fusan Yadav @ Bhushan Yadav and Manoj Yadav, be enlarged on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Purnea in connection with Dhamdaha P.S. Case No.24 of 2004 with conditions as laid down in sub-section (3) of section 437 of the Code of Criminal Procedure as may be applicable and also that one of the bailors shall be a close relation of the petitioners. In case of breach of any of the conditions at any stage to the satisfaction of the concerned court below, it shall be at liberty to cancel the bail of the petitioners and take steps for their arrest. B.T (J. N. Singh, J.)