Girolal Yadav @ Giro Yadav And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.10763 of 2015 (4) dt.09-07-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10763 of 2015 Arising Out of PS.Case No. -258 Year- 2013 Thana -NAUGACHIA District- BHAGALPUR ======================================================

1. Girolal Yadav @ Giro Yadav S/o Late Tunki Yadav

2. Sonelal Yadav S/o Late Shiv Narayan Yadav Both resident of Village - Dhobina, P.S. - Naugachia, District - Bhagalpur. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar Yadav For the Opposite Party/s : Mr. Ansuaiya Jaiswal (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 09-07-2015 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners apprehend their arrest in connection with Naugachia P.S. Case No. 258 of 2013 registered for the offences punishable under Section 302/34 of the Indian Penal Code.

The Case diary of the present case has also been received.

Learned counsel for the petitioner submits that the petitioner is neither named in the first information report nor is there any cogent material in the case diary to support the allegation levelled against the petitioner. It is further submitted that petitioner has been implicated in this case on mere suspicion. It is further submitted that, save and except, the statement made by

Patna High Court Cr.Misc. No.10763 of 2015 (4) dt.09-07-2015 some spy in the village, who has derived information from the local grapevine, there is no other cogent material to support the allegation levelled against the petitioner.

Considering vagueness of the allegation and the fact the petitioner has got no criminal antecedent, let the petitioner, in the event of their arrest or surrender before the court below within a period of two weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the A.C.J.M., Naugachia, Bhagalpur in connection with Naugachia P.S. Case No. 258 of 2013, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.. (Anjana Mishra, J) Jagdish/- U T