Shankar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7488 of 2020 Arising Out of PS. Case No.-234 Year-2019 Thana- SAUR BAZAR District- Saharsa ====================================================== Shankar Yadav, aged about 35 years, Gender-Male, Son of Jineshwar Yadav Resident of Village-Ghoghan Patti, P.S.-Sour Bazar, Distt.-Saharsa. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Prasad Singh, Sr. Adv.

Mr. Bhaskar Shankar, Adv.

For the Opposite Party/s :

Mr. Ramchandra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 29-05-2020 Heard Mr. Krishna Prasad Singh, learned Senior Advocate for the petitioner and Mr. Ramchandra Singh, learned APP for the State.

The petitioner, who is in custody since 25.11.2019 and is a person of clean antecedent, seeks bail in connection with Sour Bazar (Patarghat O.P.) P.S. Case No. 234 of 2019, dated 10.06.2019, instituted for the offences under Sections 302, 120(B) and 34 of the Indian Penal Code and Section 27 of the Arms Act.

The father of the informant was found dead. The informant suspected the hands of one of his cousins who

Patna High Court CR. MISC. No.7488 of 2020(3) dt.29-05-2020 2/3 was having litigation with another brother of his. The reason for suspecting the hands of Pravin, who has been named in the F.I.R., is that his brother's wife had sought help from the the deceased which he had given in their private dispute. It further appears from the records that one Raj Kishore Yadav was arrested and he made a confession before the police in which he has named the petitioner and has attributed the act of firing to him. Aforesaid Raj Kishore Yadav has been granted bail by a Bench of this Court vide order dated 22.01.2020 passed in Cr. Misc. No. 2846 of 2020. Another co-accused, viz., Mohan Yadav, has also been granted bail by a Bench of this Court vide order dated 22.01.2020 passed in Cr. Misc. No. 3942 of 2020.

It has been submitted that but for the confession of a co-accused, there is no other material to connect the petitioner with the crime.

Considering the aforestated facts and taking into account the clean antecedent of the petitioner and his period of custody, he is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000/- (Rupees

Patna High Court CR. MISC. No.7488 of 2020(3) dt.29-05-2020 3/3 Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saharsa in connection with Sour Bazar (Patarghat O.P.) P.S. Case No. 234 of 2019.

The application stands allowed.

(Ashutosh Kumar, J) Praveen-II/- U T