Bhajju Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50639 of 2015 Arising out of PS.Case No. -125 Year- 2011 Thana -SONO District- JAMUI ====================================================== Bhajju Yadav, Son of Dorik Yadav, Resident of Village- Lalilebar, Police Station- Sono (Charka Pathar), District- Jamui. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ram Sumiran Rai For the Opposite Party/s : Mr. Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 10-11-2015 Heard the parties.

The petitioner is in custody in connection with Sono P.S. Case No.125 of 2011 for the offences punishable under sections 302 and 201/34 of the Indian Penal Code. The allegation made in the FIR charges the unknown persons of causing death of the son of the informant who went missing since 18.10.2011and the dead body of the son of the informant was found on 23.10.2011.

Mr. Ram Sumiran Rai, learned counsel appearing on behalf of the petitioner submits that it is 43 days after the investigation that the name of the petitioner has transpired as being a party conspirator to the murder with no positive evidence connecting him with the murder of the deceased. He submits that initially during the course of investigation none of

Patna High Court Cr.Misc. No.50639 of 2015 (2) dt.10-11-2015 the co-villagers gave the name of the petitioner but it is subsequently that the name has been involved. He submits that even the informant does not cast any suspicion on the petitioner or any enmity has been stated. It is stated that the petitioner has a clean antecedent and is in custody since 13.11.2014. Having heard learned counsel for the parties and considering the submissions of learned counsel, let the petitioner, namely, Bhajju Yadav be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Jamui in connection with Sono P.S. Case No.125 of 2011.

subject to the condition that the petitioner shall cooperate in the disposal of the criminal case and shall ensure his attendance on each and every date fixed in the case and his failure to do so on two consecutive dates without any reasonable satisfaction to the trial court would entitled the court below to cancel his bail bonds and take him into custody.

(Jyoti Saran, J) SKPathak/- U T