Patna High CourtCR. MISC./54817/2017bail granted

Dayan Nand Yadav @ Daya Nand Yadav v. The State Of Bihar

2018-01-05Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54817 of 2017 Arising Out of PS.Case No. -24 Year- 2017 Thana -RAJAUN District- BANKA ====================================================== Dayan Nand Yadav @ Daya Nand Yadav, s/o late Gobardhan Yadav, r/vTekni, P.O.-Rajoun, District-Banka. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md. Nurul Hoda For the Opposite Party/s : Mr. Sri Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 05-01-2018 Heard the counsels for the parties.

The petitioner seeks bail in connection with Rajoun P.S. Case No. 24 of 2017 dated 20.01.2017 instituted for the offences under Sections 302, 201 and 34 of the Indian Penal Code. The son of the informant had gone out to the house, but did not return. Later, his dead body was found in a ditch. During the course of investigation, one Sri Ram Kumar Paswan is said to have been arrested after about seven months of the occurrence. He confessed his guilt and has named the petitioner and others also of having participated in the occurrence. Thereafter, the petitioner was arrested, who also confessed his guilt.

Learned counsel for the petitioner has submitted that co-accused, Shani Deo Sah, who was also named by aforesaid Sri Ram Kumar Paswan, has been granted bail by this Court vide

Patna High Court Cr.Misc. No.54817 of 2017 (3) dt.05-01-2018 2/2 order dated 04.12.2017 passed in Cr. Misc. No. 52916/2017. The case of the petitioner stands on similar footing. The petitioner is in custody since 19.08.2017 and prior to the present case, he was made accused in another case, in which he is on bail.

Regard being had to the fact that there is no direct material against the petitioner, this Court is inclined to grant bail to him.

The petitioner above named is directed to be released on bail on his furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Banka in connection with Rajoun P.S. Case No. 24/2017.

(Ashutosh Kumar, J.) Rakhi U T