Radharaman Yadav @ Radharaman Ya. v. The State Of Bihar

Patna High Court Cr.Misc. No.10654 of 2015 (4) dt.29-01-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10654 of 2015 Arising Out of PS.Case No. -83 Year- 2007 Thana -MAHISI District- SAHARSA ======================================================

1. Radharaman Yadav @ Radharaman Ya. s/o Lakshmi Yadav, R/o VillageHasualia, P.S.- Simri Bakhtiarpur, District- Saharsa .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shiva Shankar Sharma For the Opposite Party/s : Mr. Anil Pd. Singh(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 29-01-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in connection with Mahishi P.S. Case No. 83 of 2007 registered for the offences punishable under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for the petitioner submits that the petitioner is facing prosecution only on the basis of suspicion. It is further submitted that though the petitioner is not named in the FIR and that no further material has emerged during the course of investigation, but only on the statement of one witness to this effect that the petitioner had been moving around in the market place and had enquired about whereabouts of the deceased, name of

Patna High Court Cr.Misc. No.10654 of 2015 (4) dt.29-01-2016 the petitioner has been brought into the present case. Learned counsel for the State on perusal of the case diary submits that the petitioner had only enquired about whereabouts the father of the informant in the market. It is further submitted that there is no cogent material in the case diary to implicate the petitioner in the present occurrence. Considering the nature of allegation and the materials available in the case diary and also the fact that the petitioner has only one more antecedent, let the petitioner above named, in the event of his arrest or surrender before the court below within a period of four 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 Judicial Magistrate, 1st Class, Saharsa in connection with Mahishi P.S. Case No. 83 of 2007, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjana Mishra, J) Jagdish/- U T