Arjun Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46073 of 2017 Arising Out of PS.Case No. -354 Year- 2016 Thana -SAHARSA District- SAHARSA ======================================================

1. Arjun Yadav, son of Late Kokay Yadav.

2. Om Prakash Yadav, son of Arjun Yadav.

Both are resident of village-Sarsandi, P.S.-Gwalpara, DistrictMadhepura. .... .... Petitioners.

Versus

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

For the Petitioner/s : Mr. Sunil Kumar Singh For the Opposite Party/s : Smt. Renuka Ratnakar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 20-09-2017 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in Saharsa Sadar P.S. Case No. 354/16 registered under Section 302, 201/34 of the Indian Penal Code.

As per the prosecution case, the brother of the informant is said to have been eliminated by his in-laws having strained relation with them.

It is submitted by learned counsel for the petitioners that the petitioners happen to be father-in-law and brother-in-law respectively of the deceased. They have been falsely implicated in this case only on suspicion. There is no eye-witness of the occurrence. The occurrence is said to be held on 29.01.2016 but the F.I.R. has been lodged on 25.04.2016 by an inordinate delay

Patna High Court Cr.Misc. No.46073 of 2017 (02) dt.20-09-2017 2/ 2 without assigning any plausible reason for the said delay. One similarly situated co-accused, namely, Sanjeet Kumar Sah has been enlarged on bail by a co-ordinate Bench of this Court in Cr. Misc. No.17856 of 2017 vide order dated 12.04.2017. The petitioners have been languishing in custody since 25.07.2017. Considering the facts aforesaid, the above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saharsa in connection with Saharsa Sadar P.S. Case No.354/16.

(Prakash Chandra Jaiswal, J) Trivedi/- U T