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Patna High CourtCR. MISC./40912/2015bail granted

Surendra Yadav v. The State Of Bihar

2015-10-29Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40912 of 2015 Arising Out of PS.Case No. -225 Year- 2013 Thana -KANKARBAGH District- PATNA ====================================================== Surendra Yadav Son of Nasiblal Yadav Resident of Village- Bhaluan, Raksiya, P.S. Dulhin Bazar,District Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Sinha For the Opposite Party/s : Mr. U.L.Verma(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-10-2015 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted under Section 302/34 of the Indian Penal Code.

Allegation against the petitioner is that he was in the habit of consuming liquor and used to torture and assault sister of the informant. On the fateful day, petitioner along with his brother hit the victim with a stone on her head, as a result of which she died.

It has been submitted on behalf of the petitioner that he has got no criminal antecedent. He is in custody since 11.9.2013. There is no allegation of tampering of evidence against the petitioner. There is no eye witness to the occurrence. Subsequently, the informant has denied the allegation as made in the F.I.R. which is evident from Annexure-2 to the present application. Other co-accused has been granted bail vide Annexure-4 to the present application.

On behalf of the State, it is submitted that the petitioner is

Patna High Court Cr.Misc. No.40912 of 2015 (3) dt.29-10-2015 2 / 2 named in the F.I.R.

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 only) with two sureties of the like amount each to the satisfaction of learned Addl. District and Sessions Judge-III, Patna, in connection with Sessions Trial no. 337 of 2014 arising out of Kankarbagh P.S. Case no. 225 of 2013. (Sudhir Singh, J) sudip/- U T