Chhoti Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5060 of 2015 Arising Out of PS.Case No. -49 Year- 2014 Thana -JHAJHA District- JAMUI ======================================================

1. Chhoti Yadav Son of Late Aitbari Yadav resident of Village - Chapa Kodawadih, Police Station - Jhajha, District - Jamui. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pramod Kumar For the Opposite Party/s : Mr. Mustaque Alam(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 05-02-2015 Heard both sides.

The petitioner seeks bail in a case registered under section 302 and other allied sections of the Indian Penal Code.

Govind Yadav father of the deceased alleged that Binod Yadav took his son on a motorcycle for purchase of cow. Binod Yadav returned but his son did not return. Learned counsel for the petitioners submits that name of the petitioner figured in the case on mere suspicion as petitioner and other accused persons are alleged to have killed the son of the informant. There is no eye witness of the occurrence. Binod Ydav with whom the deceased had gone has already been enlarged on bail vide Cr. Misc. No. 35051 of 2014. The learned

Patna High Court Cr.Misc. No.5060 of 2015 (2) dt.05-02-2015 2/2 A.P.P. did not dispute this fact.

Considering the fact that on mere suspicion the name of petitioner figured in the case and except the confessional statement the I.O. did not collect any tangible evidence to show the involvement of the petitioner, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Judicial magistrate, Ist Class, Jamui in Jhajha P.S. Case No. 49 of 2014.

(Prabhat Kumar Jha, J) M.Rahman/- U T