Sanjeevan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51255 of 2018 Arising Out of PS.Case No. -32 Year- 2016 Thana -KHAGARIA District- KHAGARIA ======================================================

1. Sanjeevan Yadav Son of Police Yadav Resident of Village- Khar Diyara, P.S. Sahebpur Kamal, District- Begusarai.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mrityunjay Kumar For the Opposite Party/s : Mr. Dilip Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-09-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections-302, 201/34 of the Indian Penal Code and 27 of the Arms Act.

The prosecution case, in brief, is that a dead body was found floating in the well.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 11-07-2018 and he has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is not named in the FIR. The name of the petitioner has come in confessional statement of co-accused. Except for this, there is no

Patna High Court Cr.Misc. No.51255 of 2018 (2) dt.18-09-2018 other substantial evidence to suggest the implication of the petitioner in the present case. The other similarly situated coaccused namely, Gyani Yadav has been granted bail by a coordinate bench of this court vide order dated 19-07-2018 passed in Cr. Misc. No. 42542 of 2018.

On behalf of the State, it is submitted that name of the petitioner has come in confessional statement of co-accused. Considering the aforesaid facts and circumstances, let the petitioner, 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 learned Chief Judicial Magistrate, Khagaria in connection with Supplementary Khagaria (Muffasil) P.S. Case No. 32 of 2016.

(Sudhir Singh, J) A.K.V./- U T