Patna High CourtCR. MISC./65352/2018disposed

Dilip Yadav v. The State Of Bihar

2018-11-06Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.65352 of 2018 Arising Out of PS. Case No.-50 Year-2018 Thana- BARHAT District- Jamui ====================================================== Dilip Yadav, Son of Ram Swarup Yadav, Resident of Bithalpur, P.S. and District - Jamui.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satya Prakash Parasar For the Opposite Party/s :

Mr. Sri Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-11-2018 The petitioner seeks regular bail in connection with Barhat P.S. Case No. 50 of 2018, registered for offences punishable under Sections 302, 201, 120(B)/34 of the Indian Penal Code.

Prosecution case is that a dead body was recovered, which was brought to the Sadar Hospital, Jamui, where, the informant identified that the said dead body was of his father. It has been submitted on behalf of the petitioner that he has not been named in the F.I.R., his name surfaced on the confession of co-accused Ajay Das and except that there is nothing against the petitioner so as to show his involvement in the murder of father of the informant and said Ajay Das has already been enlarged on bail by a coordinate Bench of this

Patna High Court Cr.Misc. No.65352 of 2018(2) dt.06-11-2018 2/2 Court vide order dated 25.09.2018 passed in Cr. Misc. No. 43572 of 2018, whereas, petitioner has been in judicial custody since 24.08.2018 and charge-sheet has been submitted. Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case, this application is disposed of with direction to the court below to find out as to whether the charge-sheet has been submitted or not and if charge-sheet has been submitted and except confessional statement, there is nothing against the petitioner, he shall release the petitioner on bail to his own satisfaction with condition to cooperate in disposal of trial, otherwise, he is free to pass any order as he deems fit and proper.

(Vinod Kumar Sinha, J) sunilkumar/- U T