IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23148 of 2008 RAMESH YADAV Versus STATE OF BIHAR ----------- For the petitioner : Mr. Nagendra Kr. Singh For the State : Mr. Jitendra Kumar Singh, A.P.P. 5 19.8.2008 Heard learned counsel for the petitioner and the State. The case is registered under sections394, 302 of the Indian Penal Code. Allegation against the petitioner is that he along with other snatched money of the informant’s Bhabhi and killed her. Learned counsel for the petitioner submits that one Ganesh Yadav is named in the first information report. Petitioner is neither named in the first information report nor there is any direct material against him in the entire case diary. Only material against him is the statement of one Ram Sarup Mukhiya which has been recorded under section 161 Cr.P.C., wherein he has stated that when he came from Kolkata, people of the locality informed him that petitioner and one Ganesh Yadav were involved in the killing of the deceased. Further submission is that petitioner is in custody since 30.5.2008 oonly on the basis of suspicion and charge sheet has already been submitted. Learned counsel for the State submits that petitioner’sname has come in para 18 of the case diary and he has been named by Ram Sarup Mukhiya. However, he appears to be hear say witness. He further submits that petitioner is also an accused in Hasanpur P.S. case 2 no. 36/04 under section 25(1-B)A,26/35 of the Arms Act. Petitioner has stated in his supplementary affidavit that he has been enlarged on bail by the Sessions Judge, Samastipur in that case. In the facts and circumstances of the case and in view of the aforesaid submissions let petitioner Ramesh Yadav be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of Additional Chief Judicial Magistrate, Rosera in Bithan P.S. case no. 02/2007 subject to the conditions that one of the bailors must be the family member of the petitioner . Rahman/ (Dr. Ravi Ranjan, J)