Mahendra Yadav @ Thakan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55240 of 2015 Arising Out of PS.Case No. -48 Year- 2015 Thana -KUMARGHAND District- MADHEPURA ====================================================== Mahendra Yadav @ Thakan Yadav son of Bhutai Yadav, Resident of Village- Maharaji Tola, Bariyahi, P.S. Shankarpur, District- Madhepura. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dinesh Prasad Verma For the Opposite Party/s : Mr. Uday Chandra Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 17-12-2015 Heard Sri Dinesh Prasad Verma, learned counsel for the petitioner and learned A.P.P.

The petitioner who is in custody in connection with Kumarkhand ( Bhatni O.P. ) P.S. Case No. 48 of 2015 registered for the offence under Section 302, 201/ 34 of the Indian Penal Code has prayed for grant of bail.

It was submitted by learned counsel for the petitioner that in this case informant has specifically alleged that his grand son had murdered his another grand son. The accused grand son had disclosed the fact before his grand father and on his disclosure dead body was recovered. However, subsequently, the petitioner was involved on the basis of confessional statement of the grand son of the informant. He submits that save and except

Patna High Court Cr.Misc. No.55240 of 2015 (2) dt.17-12-2015 2/2 confessional statement of the co-accused there is no other material. He further submits that in confession besides disclosing the name of petitioner the grand son of the informant had also indicated about one Mukesh Kumar as associate who has already been granted bail by this court on 16.10.2015 vide Cr. Misc. No. 47121 of 2015.

In view of the facts and circumstances particularly the fact that the petitioner was not named in the F.I.R. and his name transpired on confession of the co-accused as well as the fact that one another co-accused on similar allegation namely Mukesh Kumar has been granted bail, there is no reason to deny the prayer for bail to the petitioner.

Let the petitioner Mahendra Yadav @ Thakan Yadav be enlarged 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 learned Chief Judicial Magistrate, Madhepura in connection with Kumarkhand (Bhatni O.P.) P.S. Case No. 48 of 2015.

(Rakesh Kumar, J) Praful/- U T