Arbind Yadav And ORS. v. The State Of Bihar

Patna High Court Cr.Misc. No.41203 of 2015 (3) dt.02-11-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41203 of 2015 Arising Out of PS.Case No. -102 Year- 2014 Thana -BHORE District- GOPALGANJ ======================================================

1. Arbind Yadav,

2. Durgesh Yadav, both sons of Amarjit Yadav, resident of villageSirisiya, P.S. Bhorey, District-Gopalganj &

3. Bechu Yadav, son of Rajpati Yadav, resident of village-Radhaganj, P.S. Fulwariya, District-Gopalganj.

.... .... Petitioners

Versus

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

For the Petitioners : Mr. Sanjya Kumar Chaubey For the Opposite Party : Mr. Anil Kr.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-11-2015 Heard the counsel for the petitioners and counsel for the State.

The petitioners no.1 and 2 are languishing in jail since 23.07.2015 and petitioner no.3 is languishing in jail since 17.07.2015 respectively in a case instituted under Sections 302 and 34 of the Indian Penal Code.

As per prosecution case, it is a case of murder of informant's son, namely, Awadhesh Yadav who is aged about 30 years due to previous enmity by the accused persons. It has been submitted on behalf of the petitioners that the petitioners no.1 and 2 are in custody since 23.07.2015 and petitioner no.3 is languishing in custody since 17.07.2015 respectively. Chargesheet has been submitted in the case. There

Patna High Court Cr.Misc. No.41203 of 2015 (3) dt.02-11-2015 is no allegation of tampering of evidence against the petitioners. Petitioners have got no criminal antecedent. There is no specific allegation against the petitioners. General and omnibus allegation is against them. The main allegation is against one Munni Lal Yadav which is evident from para-94 of the case diary. Final form has been submitted against the petitioners.

On behalf of the State, it has been submitted that the petitioners are named in the FIR.

Considering the aforesaid facts and circumstances, let the above named petitioners be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Shri Ashish Mishra, Judicial Magistrate, Ist Class, Gopalganj in connection with Bhorey P.S.Case No.102 of 2014, G.R.No.1898 of 2014, Trial No.5697 of 2015.

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