Phulo Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2422 of 2015 Arising Out of PS.Case No. -344 Year- 2014 Thana -SAUR BAZAR District- SAHARSA ======================================================

1. Phulo Yadav son of Lakhan Yadav Resident of village - Suhat Bharna, Police Station - Sour Bazar, District - Saharsa. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pankaj Kumar Jha For the Opposite Party/s : Mr. Nirmala Kumari (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 21-09-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is not named but in course of investigation, some witnesses including eye witness, Sharwan Kumar Gupta claimed to have identified the petitioner. Admittedly, when the ferdbeyan of the informant was recorded, eye witness, Sharwan Kumar Gupta was present there and, therefore, had the eye witness, Sharwan Kumar Gupta identified the petitioner, the aforesaid eye witness would have certainly disclosed the name of the petitioner to the informant of the present case prior to institution of the present case.

No doubt, petitioner carries criminal antecedent but taking into consideration that named accused, Prabhu Pahalwan

Patna High Court Cr.Misc. No.2422 of 2015 (6) dt.21-09-2015 2/2 and some others have already been granted privilege of bail, 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 Sri A. Kumar, Judicial Magistrate, Saharsa in connection with Sour Bazar P.S. Case No. 344 of 2014. (Hemant Kumar Srivastava, J) SHAHZAD/- U T