Rambinay Yadav @ Vinay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14210 of 2015 Arising Out of PS.Case No. -87 Year- 2014 Thana -CHIRAIYA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Rambinay Yadav @ Vinay Yadav S/o Pundeo Rai R/o VillageMahaddipur, P.O. Chiraiya, District- East Champaran. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ramakant Yadav For the Opposite Party/s : Mr. Md.A.Haque Sahara(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 28-04-2015 Heard learned counsels for the petitioner and the State.

The petitioner is languishing in custody since 19.09.2014 in a case registered for the offences punishable under Sections 302 and 201 of the Indian Penal Code. On recovery of the dead body of the son of the informant from the field of Vishwanath Rai the FIR was lodged against unknown. During investigation it transpired that the daughter of co-accused Vinod Yadav has love affairs with the victim when Vinod Yadav made confessional statement to the effect that he along with his brother killed the victim. In the confessional statement of co-accused Vinod Yadav the name of

Patna High Court Cr.Misc. No.14210 of 2015 (02) dt.28-04-2015 2/2 the petitioner also transpired. During investigation several witnesses have also suggested the name of the petitioner. It is submitted by learned counsel for the petitioner that only on the basis of suspicion and the confession of the co-accused the petitioner has been roped in the present case when there is no motive alleged against this petitioner for commission of the offence.

It is submitted by learned counsel for the informant that the name of the petitioner sprang up on the confession of Vinod Yadav to have participated in commission of the offence. The last call received on the mobile of the victim was of the petitioner.

Considering the accusation against the petitioner based on the circumstantial evidence and the investigation being concluded, let the above named petitioner, 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 learned Judicial Magistrate, Ist Class, Sikrahana at Motihari in connection with Chiraiya P.S. Case No. 87 of 2014. (Dinesh Kumar Singh, J) DKS/- U T