Anshu Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14388 of 2019 Arising Out of PS. Case No.-150 Year-2018 Thana- GAMAHARIYA District- Madhepura ====================================================== ANSHU YADAV S/o Kartik Yadav, Residence of village-Singiyoan, P.S.- Gamhariya, District-Madhepura.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjay Kumar Singh, Advocate For the Informant :
Mr. Chandra Mohan Jha, Advocate For the State :
Mr. Atul Chandra APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 28-05-2019 Heard learned counsel for the petitioner, learned counsel for informant and the learned APP for the State. The petitioner seeks bail in Gamhariya P. S. Case No. 150 of 2018 instituted for the offence under Section(s) 302/34 of the Indian Penal Code.
In the written report, it is alleged that petitioner used to sale illicit liquor in his garage which was informed by the husband of informant to the police. It is further alleged that earlier this petitioner had given threat to husband of informant of dire consequence because he gave information to the police. It is further alleged that this petitioner took the husband of the
Patna High Court CR. MISC. No.14388 of 2019(3) dt.28-05-2019 2/3 informant on 12.9.2018 in the night and thereafter he did not return. Later on, the informant learnt on 13.9.2018 in the morning that her husband had been done to death by this petitioner along with 2-3 unknown persons by sharp weapon. Learned counsel for petitioner submits that dead body of husband of the informant was found at a distance of 10 to 15 feet from the alleged garage. Nobody had seen committing any occurrence by this petitioner.
Learned counsel for informant has appeared and opposed the prayer for bail. He submits that slipper of the husband of the informant was found in the garage. He further submits that there was enmity and, therefore, there is strong circumstance against petitioner for committing the alleged occurrence..
Besides circumstantial evidence, there is no allegation of specific overt act against this petitioner. Petitioner is in custody since 3.10.2018.
Considering the aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of the ACJM-IV, Madhepura, in connection with Gamhariya P. S. Case No. 150 of 2018 subject
Patna High Court CR. MISC. No.14388 of 2019(3) dt.28-05-2019 3/3 to the condition that both the bailors shall be the close relative of the petitioner.
(Sanjay Priya, J) shyambihari/- U T