Sanjay Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.45075 of 2015 Arising Out of PS.Case No. -57 Year- 2015 Thana -BIHPUR District- BHAGALPUR ======================================================
1. Sanjay Yadav Son of Late Lakhan Yadav Resident of village - Narayanpur, Police Station ( Bhawanipur ) Bihpur, District - Bhagalpur .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rajesh Kumar Pandey For the Opposite Party/s : Mr. Iftekhar Mahmood(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 29-09-2015 Heard both sides.
Petitioner seeks bail in a case registered for the offences punishable under sections 364, 120(B)/34 of the Indian Penal Code.
Mother of the victim alleged that her son was sleeping at his Darwaza. He was missing from the night of 09.03.2015. The informant came to know from reliable sources that Sanjay Yadav and ten others took her son to Garahiya Bahiyar, cut him into pieces and threw the dead body into Kosi river.
It is submitted that informant is not an eye witness of the occurrence. Son of the informant was missing from 09.03.2015 but the F.I.R. was lodged on 11.03.2015. Informant
Patna High Court Cr.Misc. No.45075 of 2015 (2) dt.29-09-2015 did not disclose source of information about kidnapping of his son by the petitioner and others. Even during course of investigation witnesses have simply stated version of the informant but no body is eye witness of the occurrence. Similarly situated co-accused Bikash Kumar Yadav has already been enlarged on bail vide order passed in Criminal Misc. No. 34043 of 2015. Considering the facts aforesaid, petitioner above named is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Naugachhia District Bhagalpur in connection with Bihpur (Bhawanipur) P.S. Case No. 57 of 2015, G. R. No. 207 of 2015.
(Prabhat Kumar Jha, J) Amin/- U