Madan Prasad @ Madan Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 15220 of 2016 Arising out of P.S. Case No. -207 Year- 2015 Thana -DULHIN BAZAR District- PATNA =================================================== Madan Prasad @ Madan Yadav S/o Ram Vilash Yadav resident of Village - Dharampur Kharwa (Warihak), P.S. - Dulhin Bazar, District - Patna.
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s =================================================== Appearance :
For the Petitioner/s : Mr. Bhaskar Shankar, Adv. For the Opposite Party/s: Mr. Shyam Kumar Singh (APP) =================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07.
18.07.2016 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner is languishing in custody since 21.12.2015 in connection with Dulhin Bazar P.S. Case No. 207 of 2015 pending in the Court of Judicial Magistrate, 1st Class, Danapur, Patna for the offences instituted under Section 364/34 of the Indian Penal Code.
The prosecution story, in brief, is that when the son of the informant went for working as driver of Highwa Truck for Mother India Construction Company he did not return home, thereafter, he enquired and knew that the alleged truck met with an accident which caused death to one of the villagers due to which the accused persons and several other agitators put the truck on fire and abducted the son of the informant with intent to kill him. It has been submitted that the petitioner is in custody since 21.12.2015.
Charge-sheet has been
Patna High Court Cr.Misc. No.15220 of 2016 (7) dt.18-07-2016 submitted in the case. The petitioner has got no criminal antecedents. There is no allegation of tampering of evidence against the petitioner. The deceased happened to be the driver of the truck which had met with an accident causing death to one of the villagers. In retaliation, the villagers abducted the deceased who was the driver of the truck thereafter due to assault made by the mob the driver succumbed to the injury. No specific allegation has been made against the petitioner except that the body of the deceased was taken to the house of this petitioner after the death.
On behalf of the State, it has been submitted that the petitioner is not named in the FIR. His name has come on the basis of the confessional statement of the coaccused. Considering the aforesaid facts and circumstances of the case, 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 Sri Shyamal Kumar, Judicial Magistrate, 1st Class, Danapur, Patna or his successor in connection with Dulhin Bazar P.S. Case No. 207 of 2015. Vikash/- (Sudhir Singh, J.) U T