Bethal Yadav @ Bithal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43980 of 2015 Arising out of PS.Case No. -81 Year- 2015 Thana -SIKANDARA District- JAMUI ====================================================== Bethal Yadav @ Bithal Yadav, son of Shiv Yadav, R/o Village- Masaurha, P.S.- Sikandra, District- Jamui.

.... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== with Criminal Miscellaneous No.50183 of 2015 Arising out of PS.Case No. -81 Year- 2015 Thana -SIKANDARA District- JAMUI ====================================================== Jitendra Mandal, S/o Late Sarekh Mandal, resident of village - Bhaluana, P.S. Sikandara, District - Jamui.

.... .... Petitioner

Versus

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

(In Cr.Misc. No.43980 of 2015) For the Petitioner : Mr. Umesh Prasad, Advocate. For the Opposite Party : Mr. Nand Kumar(App) (In Cr.Misc. No.50183 of 2015) For the Petitioner : Mr. Soni Shrivastava, Advocate. For the Opposite Party : Mr. Anand Kishore Choudhary(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-12-2015 Heard learned counsels for the petitioners and learned counsel for the State The petitioners are languishing in custody since 10.07.2015 in connection with Sikandra P.S. Case No. 81 of 2015

Patna High Court Cr.Misc. No.43980 of 2015 (3) dt.17-12-2015 2/3 for the offences instituted under Sections 364(A)/34 of the IPC. The prosecution story, in brief, is that the informant was retired in the month of January 2005 from the post of teacher and on 01.07.2015 at about 7.30 P.M. his son Manish Kumar Pandey @ Rajeev Kumar Ranjan was in the house, in the meantime, six persons having armed forcibly abducted his son and taken away towards north-western side of his village, then he informed about the occurrence before the S.P. Jamui, by mobile. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. The petitioners are in custody since 10.07.2015 and the charge sheet has been submitted in the case. There is no allegation of tampering of the evidence against the petitioners. The petitioners are not named in the FIR. There is no direct or indirect evidence against the petitioners. The petitioners have been made accused in the present case merely on the basis of a suspicion.

On behalf of the State it has been submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners above named, 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 the learned J.M. Ist Class,

Patna High Court Cr.Misc. No.43980 of 2015 (3) dt.17-12-2015 3/3 Jamui, in connection with Sikandra P.S. Case No. 81/2015. U.K./- (Sudhir Singh, J) U T