Mithun Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10113 of 2019 Arising Out of PS. Case No.-59 Year-2018 Thana- BATH District- Bhagalpur ====================================================== Mithun Kumar Yadav Son of Kamo Yadav Resident of Village-Mirhatti, P.S.- Sultanganj, Distt - Bhagalpur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manoj Kumar Jha For the Opposite Party/s :
Mr.Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 30-04-2019 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in a case registered under Sections 302, 452/34 of the Indian Penal Code and 27 of the Arms Act.
Allegation is that the accused persons entered into the house of the informant and co-accused Shashi Ranjan and Sadanand Singh fired from pistol on right chest of husband of the informant, who died on the spot.
It has been submitted on behalf of the petitioner that the petitioner is in custody and 3.10.2018 and has got no criminal antecedent. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated
Patna High Court CR. MISC. No.10113 of 2019(4) dt.30-04-2019 2/2 in the present case. The petitioner is not named in the F.I.R. His name has come on the confessional statement of co-accused. Except for this, there is no substantive evidence to suggest his implication in the present case.
On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioner, above named, 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 learned A.C.J.M. XIII, Bhagalpur in connection with Bath P.S. case No.59 of 2018 corresponding to G.R. No.4358 of 2018.
(Sudhir Singh, J) Narendra/- U T