Rajesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51551 of 2015 ====================================================== Rajesh Yadav S/o Late Insafi Yadav, R/o Village - Saini Tola (Bakhtiarpur), P.S. - Bakhtiarpur, District - Saharsa. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Shiva Shankar Sharma For the Opposite Party/s : Mr. Surendra Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 09-02-2016 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking bail in connection with Bakhtiarpur P.S. Case No. 230 of 2015 registered for offences under sections 364, 302, 201 and 120(B) of the Indian Penal Code.

As per the first information report made by the elder brother of the victim, the victim was kidnapped by the accused persons and he has given the name of four persons alleging therein that they have kidnapped the victim and killed him. On the basis of first information report, the Police started investigation and the body of the victim was exhumed from the earth in the brick kiln in village Uteshra. Investigation was proceeded and one Manish Kumar made his confessional

Patna High Court Cr.Misc. No.51551 of 2015 (3) dt.09-02-2016 2/2 statement where he has named four persons, namely, Chandan Yadav, Amardeep Baraiyh, Mukesh Yadav and Vikash Sah have killed the victim-Kari Yadav and wanted to disappear the evidence, on his suggestion with the help of JCB Machine the body of the victim was kept under the soil and later on, from the case diary it appears that prior to this incident, Kari Yadav was at the barrier and some altercation took place with the petitioner's group and Kari Yadav, as he was demanding the barrier charges and they threatened for dire consequences. From the whole case diary it appears that allegation made against the petitioner is that he along with other accused persons threatened Kari Yadav for dire consequences.

Looking to the facts and circumstances of the case, let the petitioner, above named, be released on bail on his furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of S.K. Srivastava, Judicial Magistrate 1st class, Saharsa in connection with Bakhtiarpur P.S. Case No. 230 of 2015.

(Shivaji Pandey, J) Mahesh/- U T