Parmeshwari Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.564 of 2019 Arising Out of PS. Case No.-1225 Year-2018 Thana- SAHARSA District- Saharsa ================================================== ==== PARMESHWARI YADAV Son of Late Guno Yadav, resident of Village-Sarahi, Ward No.3, P.S.-Saharsa, District-Saharsa. ... ... Appellant/s

Versus

THE STATE OF BIHAR Bihar ... ... Respondent/s ================================================== ==== Appearance :

For the Appellant/s :

Mr.Umesh Chandra Verma For the Respondent/s :

Mr.Binay Krishna ================================================== ==== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 29-03-2019 Heard the parties.

The appellant seeks anticipatory bail in connection with A.B.P. No.1034 of 2018 arising out of Saharsa Sadar P.S.Case No. 1225 of 2018 , registered for offences punishable under Sections 447, 341, 323, 427, 363, 365, 504, 506, 120 (B) of the Indian Penal Code and Section 3(i) (r) ( s) of the SC/ST Act.

The allegation as per the F.I.R. is that the father of the informant has gone out and thereafter, he did not return and he suspected that due to land dispute the appellant, Parmeshwar Yadav along with others have kidnapped his father and killed him.

Submission of the learned counsel for the appellant is that except suspicion, there is nothing against the appellant and thereafter, in course of investigation, the material shows that on call of one Anil Choudhary, the father of the appellant had gone to flour mill of Anil Choudhary and blood stains has been found on the floor of the flour mill, which has been sent to the F.S.L. and

Patna High Court CR. APP (SJ) No.564 of 2019 dt.29-03-2019 2/2 appellant is concerned, nothing has been found against him except suspicion.

Heard learned Spl.P.P.

Having heard both sides and in view of the facts and circumstances, as stated above, let the appellants, above named, in the event of arrest or surrender before the Court below within a period of six weeks from the date of order be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-III-Cum- Special Judge, Saharsa in connection withb A.B. P. No. 1034 of 2018 arising out of Saharsa Sadar P.S.Case No. 1225 of 2018, subject to condition as laid down under Section 438 of CR.P.C.

With the aforesaid direction, this appeal is allowed and the impugned order is set aside.

(Vinod Kumar Sinha, J) sudha/- AFR/NAFR CAV DATE Uploading Date Transmission Date