Manoj Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16749 of 2020 Arising Out of PS. Case No.-19 Year-2019 Thana- BANDHUWA KURAWA District- Banka ====================================================== 1.

MANOJ YADAV Son of Ram Kisun Yadav Resident of Village - Pabrewa, P.S.- Bandhuwa - Kurava, Distt - Banka.

2.

Rajesh Yadav Son of Tarni Yadav Resident of Village - Jokela, P.S.- Saraiyahat, Distt - Dumka, (Jharkhand) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjan Kumar Jha For the Opposite Party/s :

Mr.Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-09-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in a case registered under Section 302, 120(B)/34 of the Indian Penal Code. Allegation is against the petitioners is of committing murder of the husband of the informant, namely, Ram Kishun Yadav by firing from pistol.

It has been submitted on behalf of the petitioners that

Patna High Court CR. MISC. No.16749 of 2020(3) dt.10-09-2020 2/2 the petitioners are in custody since 09.09.2019 and have got no criminal antecedent. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. The informant is not an eye witness to the alleged occurrence. From the F.I.R., it appears that only eye witness to the occurrence is one Ajit Yadav. In course of occurrence he has not been examined by the Investigating Officer. The name of the petitioners has come only on the basis of suspicion.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M.-I, Banka in connection with Bandhuwa Kurawa P.S. case No.19 of 2019. (Sudhir Singh, J) Narendra/- U T