Vakil Rai @ Mulayam Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.40819 of 2015 (3) dt.14-10-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40819 of 2015 Arising Out of PS.Case No. -251 Year- 2013 Thana -BAKHTIYARPUR District- PATNA ====================================================== Vakil Rai @ Mulayam Yadav Son of Sital Rai Resident of Village - Kala Diara, P.S. - Salimpur, District - Patna.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Rathore Vasundhara For the Opposite Party : Mr. Anita Kumari (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-10-2015 Heard the counsel for the petitioner and counsel for the State.

The petitioner is languishing in jail since 16.06.2015 in a case instituted under Sections 302, 201 and 120(B) of the Indian Penal Code.

As per allegation, it is a case of murder of informant's younger son, namely, Manjay Kumar by abducting him due to previous land dispute by the accused persons. It has been submitted on behalf of the petitioner that the petitioner is in custody since 16.06.2015. Chargesheet has been submitted in the case. There is no allegation of tampering of evidence against the petitioner. From perusal of FIR, it would appear that only suspicion is said to have been raised against the

Patna High Court Cr.Misc. No.40819 of 2015 (3) dt.14-10-2015 petitioner. In course of investigation also no substantive evidence is said to have come to prove the implication of the petitioner in the alleged occurrence. The other co-accused has been granted bail by this Court in Cr.Misc.No.4977 of 2015.

On behalf of the State, it has been submitted that the petitioner is named in the FIR and there is strong suspicion raised against him.

Considering the aforesaid facts and circumstances, let the above named petitioner 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 learned Additional District Judge-VI, Barh in connection with Bakhtiarpur P.S.Case No.251 of 2013/G.R.No.1878 of 2013.

(Sudhir Singh, J) B.Kr./- U T