Subodh Kumar @ Bailun Yadav @ Bailun And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.22234 of 2018 Arising Out of PS. Case No.-103 Year-2017 Thana- HULASGANJ District- Jehanabad ======================================================
1. SUBODH KUMAR @ BAILUN YADAV @ BAILUN
2. Sujeet Kumar @ Sadhu Yadav, Both Sons of Ram Deep Yadav, all Resident of Village-Sherpur, Post-Bishunganj, P.S.-Barabar Paryatak, District-Jehanabad. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Awadhesh Prasad Sinha For the Opposite Party/s :
Mr. Anil Prasad Singh ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 19-04-2018 Heard learned counsel for the petitioners and learned APP for the State.
Petitioners are languishing in judicial custody since 31.10.2017 in connection with Hulasganj P.S. Case No. 103 of 2017 for offences punishable under Sections 302, 120-B of the Indian Penal Code.
The prosecution case, as lodged by the informant, is that his father Kamta Yadav, who was working as a nightguard in Uderasthan Baraj, went for duty but did not return till next morning. On enquiry, it was found that he had not attended duty on the previous night and a dead body was found in an orchard. Informant alleged that earlier there was a quarrel with the
Patna High Court Cr.Misc. No.22234 of 2018(2) dt.19-04-2018 2/3 children of both the sides and the petitioners along with one Ramdeep Yadav had threatened to kill the father of the informant.
It has been submitted by the learned counsel for the petitioners that they are innocent, bear no criminal history and have been falsely implicated in the aforesaid case only on suspicion. He submits that there is no eyewitness to the alleged occurrence, charge-sheet has already been submitted and there is no allegation of tampering with the prosecution witnesses by the petitioners. He further submits that one of the co-accused Ramdeep Yadav, father of the petitioner, who was alleged to have threatened the father of the deceased, has since been granted privilege of bail by a coordinate Bench of this Court in Cr. Misc. No. 5329 of 2018 vide order dated 27.02.2018.
However, learned APP for the State opposes the prayer for bail.
Considering the facts and circumstances and the materials on record, let petitioners, above named, be enlarged on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount
Patna High Court Cr.Misc. No.22234 of 2018(2) dt.19-04-2018 3/3 each to the satisfaction of learned Additional Chief Judicial Magistrate, Jehanabad, in connection with Hulasganj P.S. Case No. 103 of 2017.
(Nilu Agrawal, J) Rajesh/- U T