Umesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30388 of 2016 Arising Out of PS.Case No. -23 Year- 2009 Thana -BHADAUR District- PATNA ====================================================== Umesh Yadav son of Rajo Yadav, Resident of village Adampur, Police Station- Bhadaur, District- Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ravi Shanker Pankaj, Advocate For the Opposite Party/s : Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-09-2016 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Section 302 of the I.P.C.

The prosecution story, in brief, is that on 6.4.2009 at 10 P.M. after finishing threshing work the informant fed his father at Khalihan and came to his house. On the next day at 4 A.M. the informant reached near Khalihan he had seen the petitioner running away west and near his thresher the informant found his father dead lying in pool of blood. On hulla several persons came and saw the dead body. The informant's father sustained several sharp cut injuries on his person.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 28.6.2009. The petitioner has got

Patna High Court Cr.Misc. No.30388 of 2016 (3) dt.08-09-2016 2/2 no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. He has remained in custody for about more than seven years. The petitioner has been named in the F.I.R. merely on the basis of suspicion. There is no eye witness to the alleged occurrence nor there is any circumstantial evidence to suggest the implication of the petitioner in the present case.

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

Considering the aforesaid facts and circumstances, it is directed that the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge 1st, Barh, District Patna in connection with S.T. No.1263 of 2009 arising out of Bhadaur P.S. case No.23 of 2009.

(Sudhir Singh, J) Narendra/- U T