Patna High CourtCR. MISC./31132/2016bail granted

Vijay Marshal @ Vijay Kumar Yadav v. The State Of Bihar

2016-09-16Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31132 of 2016 Arising Out of PS.Case No. -242 Year- 2014 Thana -PHULPARAS District- MADHUBANI ====================================================== Vijay Marshal @ Vijay Kumar Yadav Son of Ram Bilash Yadav resident of Village- Phulpras , P.S. Phulpras, District -Madhubani .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Gagan Deo Yadav For the Opposite Party/s : Mr. Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-09-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody in connection with Phulpras P.S. Case No. 242 of 2014 for the offences instituted under Sections 302, 120(B) of the Indian Penal Code and Section 27 of the Arms Act.

The prosecution story, in brief, is that some unknown persons have committed murder of the deceased, while he was returning his home on motorcycle, after collecting money from different markets.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 14.12.2015. The charge sheet has been submitted in the present case. There is no allegation of

Patna High Court Cr.Misc. No.31132 of 2016 (3) dt.16-09-2016 2/2 tampering of witnesses alleged against the petitioner. The petitioner is not named in the First Information Report. He has been made accused merely on suspicion. There is no eyewitness to the alleged occurrence. The other co-accused has been granted bail vide Cr. Misc. No. 5306 of 2016 dated 27.04.2016. On behalf of the state it has been submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, let 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 S.D.J.M., Jhanjharpur, Madhubani, in connection with Phulpras P.S. Case No. 242 of 2014.

(Sudhir Singh, J.) Amit/- U T