Shivbalak Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28200 of 2015 Arising Out of PS.Case No. -58 Year- 2014 Thana -ATRI District- GAYA ======================================================

1. Shivbalak Yadav S/o Late Ramautar Yadav Resident of Village Imamganj, P.S. Atri, District Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjeev Kumar For the Opposite Party/s : Mr. Asha Devi(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 14-10-2015 Heard learned counsel for the petitioner, learned counsel for the informant as well as learned Additional Public Prosecutor for the State.

Petitioner and one other F.I.R. named accused allegedly took the deceased from his house and after that in the next morning the dead body of the deceased was recovered. The contention on behalf of the petitioner is that except the informant none has claimed to have seen the petitioner in the company of the deceased prior to recovery of his dead body. It is further contended on behalf of the petitioner that it is unbelievable that deceased would leave his house with petitioner particularly, in the circumstance when there was previous enmity between them.

Patna High Court Cr.Misc. No.28200 of 2015 (3) dt.14-10-2015 2/2 Learned counsel appearing for the informant submits that charge has already been framed and the trial has commenced. It is also informed on behalf of the informant that prosecution witnesses are being terrorized by the henchmen of the petitioner. Considering the aforesaid facts and circumstances as well as submissions of the parties and also taking note of this fact that petitioner does not have any criminal antecedent, let the petitioner 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 Chief Judicial Magistrate, Gaya in connection with Atri P.S. Case No. 58 of 2014.

However, if any complain against the petitioner regarding tampering with the prosecution evidence is made before the trial court, the trial court shall pass appropriate order on the aforesaid prayer after due and proper enquiry. (Hemant Kumar Srivastava, J) SHAHZAD/- U T