Bhageran Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25495 of 2015 Arising Out of PS.Case No. -249 Year- 2014 Thana -MAKHDUMPUR District- JEHANABAD ====================================================== Bhageran Yadav, son of Sukeshwar Yadav, resident of Village- Ganga Sagar, P.S.- Makhdumpur, District-Jehanabad.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Nilesh Kumar, Advocate For the Opposite Party: Mr. Anuj Kr.Srivastav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-06-2015 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Makhdumpur (Tehta) P.S. Case No.249 of 2014 for the offence punishable under Sections 302 and 201 read with Section 34 of the Indian Penal Code.

The prosecution story, in brief, is that the informant's brother-in-law, namely, Ramcheli Yadav used to reside at his village for the last 20 years for looking after his works as the informant along with his brothers reside at Mumbai in search of private job. It has further stated that the mother of the informant told that on 25.09.20014 at 12 noon Mahesh Yadav came at his house and took away Ramcheli Yadav (his brother-in-law) with him but he did not return till 4 O' clock. On 26.09.2014 the

Patna High Court Cr.Misc. No.25495 of 2015 (2) dt.11-06-2015 2/3 informant came to Patna by aeroplane and then reached at Post mortem House at Jehanabad where he came to know that the dead body of his brother-in-law was found lying in the west of Badhar. During enquiry, he came to know that his brother-in-law was taken away by Mahesh Yadav and in conspiracy with Suresh Yadav, petitioner, Rakesh Kumar, Sakaldeo Yadav, Ramashish Yadav, Moti Yadav, Ramesh Yadav, his brother-in-law was done to death and his dead body was thrown in the field. It has been submitted on behalf of the petitioner that the petitioner has been made accused in the present case merely on suspicion and there is no direct and indirect evidence against him nor there is any circumstantial evidence to suggest his implication in the present case. It has further been submitted that the petitioner has got no criminal antecedent and he is in custody since 10.02.2015.

On behalf of the State and the informant it has been submitted that the petitioner is named in the first information report.

Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the

Patna High Court Cr.Misc. No.25495 of 2015 (2) dt.11-06-2015 3/3 learned Chief Judicial Magistrate, Jehanabad in connection with Makhdumpur (Tehta) P.S. Case No. 249 of 2014. (Sudhir Singh, J) B.T/- U