Patna High CourtCR. APP (SJ)/938/2017allowed

Suraj Yadav v. The State Of Bihar

2017-05-18Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.938 of 2017 Arising Out of PS.Case No. -439 Year- 2016 Thana -BHAGALPUR KOTWALI DistrictBHAGALPUR ======================================================

1. Suraj Yadav, Son of Bouku Yadav @ Voku Yadav, Resident of VillageBari Khajarpur, Police Station- Barari, District- Bhagalpur. .... .... Appellant/s

Versus

1. The State of Bihar.

.... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Radha Mohan Singh For the Respondent/s : Mr. Binay Krishna For Informant ; Mr. Rajan Kumar Jha. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-05-2017 The appellant seeks regular bail in connection with Kotwali (Barari) P.S. Case No. 439 of 2016, registered for offences punishable under Sections 147, 148, 149, 302, 201 & 120(B) of Indian Penal Code and Section 3(i)(x) and Section 3(ii)(v) of SC/ST Act.

Allegation against the appellant is that he in conspiracy with others killed the son of the informant.

It has been submitted on behalf of the appellant that he has nothing to do with the alleged offence and he has been falsely been implicated in this only on the basis of suspicion. Moreover, other co-accused have already been granted bail by this Court vide order dated 24.04.2017, passed in Criminal Appeal (SJ) No. 395

Patna High Court CR. APP (SJ) No.938 of 2017 (4) dt.18-05-2017 2/2 of 2017 and appellants have been in judicial custody since 26.08.2016.

Heard learned Special Public Prosecutor as well as learned counsel for the informant. They have opposed the prayer for bail.

Having heard both sides, considering the aforementioned facts and circumstances, the period of custody and also other coaccused of this case has already been granted, as such, this appeal is allowed, the appellant, above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned 2nd Additional District & Session Judge cum Special Judge, SC/ST Bhagalpur, in connection with Kotwali (Barari) P.S. Case No. 439 of 2016, after setting aside the order dated 20.12.2016, passed by 3rd Additional Session Judge cum Special Judge, SC/ST Muzaffarpur, 2nd Additional District & Session Judge cum Special Judge, SC/ST Bhagalpur.

(Vinod Kumar Sinha, J) sunil/- U T