Patna High CourtCR. MISC./33101/2016bail granted

Kailash Yadav v. The State Of Bihar

2016-09-26Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33101 of 2016 Arising Out of PS.Case No. -309 Year- 2015 Thana -PIRPAINTI District- BHAGALPUR ======================================================

1. Kailash Yadav son of Late Babulal Yadav, resident of VillageMadhuban tola, P.S - Pirpaiti, District- Bhagalpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Abhay Kumar Singh For the Opposite Party/s : Mr. Sri Nand Kishore Pd ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-09-2016 Heard learned counsel for the petitioner and the State. The petitioner is in custody in a case registered under Sections 302/34,120B of the Indian Penal Code and 27 of Arms Act.

As per FIR the allegation is that on alleged date of occurrence the petitioner along with other accused persons named in the FIR in criminal conspiracy committed the murder of the husband of the informant by using fire arms.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 09.05.2016. Charge sheet has been submitted in this case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has been named in the FIR merely on the basis of suspicion. In course

Patna High Court Cr.Misc. No.33101 of 2016 (4) dt.26-09-2016 2/2 of investigation the petitioner has been made accused by the coaccused in his confessional statement. There is no eye witness to the alleged occurrence nor there is any circumstantial evidence to suggest the implication of the petitioner in the alleged crime. Other co-accused have been granted bail vide Annexure 9 to the supplementary affidavit.

On behalf of the State and counsel for the informant, it is submitted that the petitioner is not named in the FIR. Considering the aforesaid facts and circumstances of the case, let, above named petitioner, 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 Sri S.K.Pandey, learned A.C.J.M.-II, Bhagalpur in connection with Pirpaiti P.S.Case No. 309 of 2015.

(Sudhir Singh, J) singh/- U T