Laltu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12292 of 2016 Arising Out of PS.Case No. -57 Year- 2015 Thana -GWALPARA District- MADHEPURA ====================================================== Laltu Yadav Son of Opis Yadav resident of Village- Chatara, P.S. Swalpara (Arar O.P.), District- Madhepura.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Amarnath Jha For the Opposite Party/s : Mr. Ajay Kr. Jha (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 20-05-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.

The petitioner seeks bail in connection with Gwalpara (Arar O.P.) P.S. Case No. 57 of 2015 registered for the offence punishable under Section 302/34 of the Indian Penal Code.

Allegedly, Amol Sharma, the husband of the informant was found dead hanging with sisam tree and it is stated that the petitioner and other co-accused along with unknown strangulated him to death and hanged the dead body. Submission is of false implication and that the informant is not the eye witness, only on suspicion he has named the petitioner and others, during investigation also no eye witness has come forward, nothing has been recovered from possession of the petitioner, there is no motive to commit murder and due to

Patna High Court Cr.Misc. No.12292 of 2016 (3) dt.20-05-2016 2/2 enmity, the petitioner and others have been implicated in this case resulting the petitioner is suffering in custody since 01.11.2015 having clean antecedent.

The learned APP submits that the petitioner is named in the F.I.R. and earlier one day before the occurrence, the petitioner and others have ate fish and rice in the house of the informant.

In the facts and circumstances stated above, considering that there is no direct evidence against the petitioner, as such, the petitioner, above named, is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Madhepura in connection with Gwalpara (Arar O.P.) P.S. Case No. 57 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J) Mishra/- U T