Ram Dayal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24473 of 2015 Arising Out of PS.Case No. -168 Year- 2014 Thana -KHODAWANPUR District- BEGUSARAI ====================================================== Ram Dayal Yadav son of Shiv Lal Yadav resident of village Pasraha Out Post Chhaurahi Police Station- Khodawanpur, District. Begusarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Satish Chandra For the Opposite Party/s : Mr. Parmanand Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-08-2015 The petitioner is languishing in custody since 18.10.2014 in connection with Khodawanpur P.S. Case No.168 of 2014 corresponding to S.Tr.no.69/15 for the offences instituted under Sections 302/120(B)/34 of the I.P.C. and Section 27 of the Arms Act.

Heard learned counsel for the petitioner and learned counsel for the State.

The prosecution story, in brief, is that when on 21.7.2014 the son of the informant was present in his medical shop and the informant was also sitting at the door of the house of Javed before his medical shop three miscreants came on a motorcycle two of them got down and started indiscriminate firing upon the son of the informant as a result of which he breathed his last on

Patna High Court Cr.Misc. No.24473 of 2015 (3) dt.12-08-2015 2/2 the spot. On hearing the sound of firing the informant also ran towards his shop and saw the miscreants fleeing away on motorcycle but none of them was identified by the informant. It has been submitted on behalf of the petitioner that the petitioner is in custody since 18.10.2014 and the charge sheet has submitted in the present case. It is further submitted that the petitioner's name has come in this case on the basis of confessional statement of co-accused. There is no direct or indirect evidence against the petitioner.

On behalf of the State it has been submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-VIIIth, Begusarai, in connection with S.Tr.No.69 of 2015 arising out of Khodawanpur P.S. Case No.168 of 2014. (Sudhir Singh, J) AnilKrSinha/- U T