Gajendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24516 of 2017 Arising Out of PS.Case No. -55 Year- 2015 Thana -KAKO District- JEHANABAD ====================================================== Gajendra Yadav, Son of Late Chandradeo Yadav, Resident of VillageSaidabad, P.S. Pali, District Jehanabad. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER -------------- 19-07-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Kako P.S. Case No.55 of 2015 registered under Sections 302 and 201/34 of the Indian Penal Code.

The accusation is that on 18.04.2015, Sonu Kumar alias Naules Kumar, the son of the informant Suresh Yadav, came to his house from Bangalore after earning and at about 01.00 P.M., one Barka alias Rajesh accompanied him alongwith the petitioner, Munna Yadav and Lalbabu Yadav for going to Jehanabad. On 19.04.2015, the informant received information about lying of a deadbody at the bank of Nadiyawa river and when he went there, police took away the dead body. The informant raised suspicion against the petitioner and others

Patna High Court Cr.Misc. No.24516 of 2017 (4) dt.19-07-2017 2/2 in the F.I.R. having their hands in committing the murder of his son as they had earlier given threatening him to commit the murder of his son.

Learned counsel appearing on behalf of the petitioner submits that, in fact, the petitioner has falsely been implicated in this case. While it is alleged in the F.I.R. that this petitioner and others had accompanied the son of the informant but Urmila Devi and Surendra Kumar, the uncle and aunt respectively of the deceased, in paragraphs7 and 8 of the case diary, have stated that the deceased was accompanied by another person and, thereafter, this petitioner moved to that direction behind him. The petitioner is in custody since 04.07.2016. Further submission is that while the petitioner is accused in four cases but he is on bail in all the four cases. Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Jehanabad, in connection with Kako P.S. Case No.55 of 2015.

(Rajendra Kumar Mishra, J) P.S./- U