Devi Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53252 of 2016 Arising Out of PS.Case No. -70 Year- 2010 Thana -CHANAN District- BANKA ======================================================

1. Devi Yadav Son of Kamal Yadav Resident of Village-Digghivari P.S. Chahdan (Anandpur) Distt. Banka .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vibhakar Kumar, Advocate For the Opposite Party/s : Mr. Ramchandra Sahani, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 15-03-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. Petitioner is languishing in custody for the offences punishable under Sections 302/201/379/34 of the Indian Penal Code.

The informant is not an eyewitness of the occurrence. However, on receipt of information that his brother Shiv Shankar Yadav has been murdered she suspected that petitioner and others have committed the alleged crime.

Submission of the petitioner is that there is no eyewitness, which is evident from the case-diary. The deceased was a man having a list of criminal cases. Therefore, he might have been murdered due to his criminal activity and the petitioner has

Patna High Court Cr.Misc. No.53252 of 2016 (5) dt.15-03-2017 2/2 falsely been implicated in this case.

Learned Additional Public Prosecutor submits that after perusal of the case-diary it reveals that there is no eyewitness of the occurrence.

Considering the aforesaid facts, let petitioner, above named, be enlarged 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 Chief Judicial Magistrate, Banka/Successor Court, in connection with Chandan (Anandpur) Police Station Case No.70 of 2010.

(Birendra Kumar, J) Mkr./- U T