Ram Chandra Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.48766 of 2014 (2) dt.03-03-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48766 of 2014 Arising Out of PS.Case No. -168 Year- 2014 Thana -KHODAWANPUR District- BEGUSARAI ====================================================== RAM CHANDRA YADAV, SON OF LATE KIRO YADAV, RESIDENT OF AIZANIDIH, POLICE STATION - KHODABANDPUR, DISTRICT - BEGUSARAI.

.... .... PETITIONER/S

VERSUS

THE STATE OF BIHAR .... .... OPPOSITE PARTY/S ====================================================== Appearance :

For the Petitioner/s : Mr. Shashi Dhar Jha For the Opposite Party/s : Mr. Renuka Ratnakar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 03-03-2015 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Khodabandpur P.S. Case No. 168 of 2014 registered under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act. Learned counsel for the petitioner submits that it would appear from the F.I.R. that informant, Dev Narayan Chourasia, could not identify the three persons, who had come on the motorcycle and committed murder of his son but he detailed the age of the culprits in between 20 to 25 years. Learned counsel for the petitioner further submits that petitioner is not named in the F.I.R. rather his name has come in course of investigation on the

Patna High Court Cr.Misc. No.48766 of 2014 (2) dt.03-03-2015 basis of confessional statement of co-accused, Manoj Kumar Yadav, showing the conspiracy of this petitioner in this case except that there is nothing against him. Moreover, there is specific case of the informant that the age of the accused were in between 20 to 25 years but the petitioner is aged about 70 years. It is further submitted that petitioner has been implicated in this case as the son of the petitioner is the accused in the murder of another son of the informant. It is further submitted that petitioner has no criminal antecedent and he is in custody since 05.08.2014. Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate Ist Class, Begusarai in connection with Khodawandpur P.S. Case No. 168 of 2014.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T