Inder Yadav @ Indal Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9650 of 2019 Arising Out of PS. Case No.-113 Year-2007 Thana- PALIGANJ District- Patna ====================================================== Inder Yadav @ Indal Yadav Son of Kanchan Yadav Resident of Village- Akuri Mahabalipur, P.S. and P.O. Paliganj, District- Patna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sayed Imran Ghani, Advocate.
For the Opposite Party/s :
Mr. Kumar Ranjit Ranjan, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 09-05-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Paliganj P.S. Case No.113 of 2007 registered under Sections 302/34 of the Indian Penal Code.
The accusation is that in the evening of 28.06.2007, Raju Singh, the son of the informant, moved from his house to walk but did not return. In spite of hectic search, he could not be traced out. On the next morning, Chandeshwar Yadav alias Nanhak Yadav, informed the informant that his son Raju Singh is lying dead near Mahdeo Asthan and he was seen with Tuntun Singh. Thereafter, the informant reached there and found the dead body of his son Raju Singh sustaining injury.
Patna High Court CR. MISC. No.9650 of 2019(3) dt.09-05-2019 2/3 Learned counsel appearing on behalf of the petitioner submits that the petitioner is not named in the F.I.R. In course of investigation, the witnesses Manoj Kumar and Nageshwar Singh, stated in their evidence, as detailed in paragraphs-24 and 25 of the case diary, that Raju Singh, the son of the informant, used to realize the money from the buses plying on the road, which was protested by Tuntun Singh, Raju Singh, Bendal Yadav, Sriniwas Lohar alias Jachcha Lohar, Surendra Yadav and this petitioner. Except that, nothing has come against the petitioner in course of investigation. The police, on investigation, also submitted the Supplementary Chargesheet No.159 of 2010 only against Tuntun Singh alias Baidnath Singh and Sri Niwas Lohar alias Jachcha Lohar, submitting the final form against the petitioner and Surendra Yadav, showing them innocent but due to protest petition filed by the informant, the cognizance of the offence was taken against the petitioner. The petitioner has no criminal antecedent.
Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount
Patna High Court CR. MISC. No.9650 of 2019(3) dt.09-05-2019 3/3 each to the satisfaction of the Sub Divisional Judicial Magistrate, Danapur, Patna, in connection with Paliganj P.S. Case No.113 of 2007/G.R. No.1469 of 2007, subject to the conditions laid down under Section 438(2) Cr.P.C. (Rajendra Kumar Mishra, J) P.S./- U T