Mantosh Yadav @ Mantosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8504 of 2019 Arising Out of PS. Case No.-57 Year-2015 Thana- GWALPARA District- Madhepura ====================================================== MANTOSH YADAV @ MANTOSH KUMAR S/o Ramchandra Yadav Resident of village-Chatra, Police Station-Gwalpara, District-Madhepura ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Durgesh Kumar For the Opposite Party/s :

Mr.Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 302, 34 of the Indian Penal Code.

The prosecution case in brief is that in course of returning after attending a marriage ceremony, the husband of the informant was shot dead and was hanged to a tree. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 23-04-2018. Charge sheet has already been submitted. The informant is not an eye witness to the alleged occurrence. The petitioner has been made accused in this case on the basis of suspicion. Except for suspicion, there is

Patna High Court CR. MISC. No.8504 of 2019(3) dt.26-04-2019 2/2 no other substantive evidence to suggest the implication of the petitioner in the present case. The other co-accused with similar allegation has been granted bail by a coordinate bench (then His Lordship was) of this court vide order dated 20-052016 passed in Cr. Misc. No. 12292 of 2016. On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, the petitioner named above is directed to 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, Udakishunganj, Madhepura in connection with Gwalpara P.S. Case No. 57 of 2015. (Sudhir Singh, J) A.K.V.//- U T