Sunil Yada V @ Batoran Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.34672 of 2015 Arising Out of PS.Case No. -52 Year- 2014 Thana -ROSERA District- SAMASTIPUR ====================================================== Sunil Yada V @ Batoran Yadav, son of Yogendra Yadav .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bhim Kumar Yadav, Advocate For the Opposite Party/s : Mr. L.K.Sharma(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 17-08-2015 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code.
The prosecution case is that the brother of the informant Mohan Yadav left his house to work in the agricultural field but he did not return. Subsequently, mother of the informant conveyed that she saw the informant going in the company of Sujit Yadav, Surendra yadav, Soman Chaudhary and this petitioner.
Subsequently, the dead body of brother of the informant was recovered with injuries.
It is submitted by learned counsel for the petitioner that only on suspicion the accusation has been levelled. Nothing has been collected, during investigation, to suggest complicity of the
Patna High Court Cr.Misc. No.34672 of 2015 (2) dt.17-08-2015 2/2 petitioner and similarly situated co-accused persons, namely, Sonman Choudhary and Man Mohan Choudhary have been granted anticipatory bail by a co-ordinate bench of this court vide Criminal Miscellaneous No.30775 of 2014.
Considering the fact that the impugned order does not reflect any further material apart from the statement of the mother of the victim the that the victim was seen going in the company of this petition and others and similarly situated persons have been granted anticipatory bail, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM, Rosera, Samastipur in connection with Rosera P.S. Case No.52 of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Dinesh Kumar Singh, J) Ashwini/- U T