Yashwant Raj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26240 of 2019 Arising Out of PS. Case No.-263 Year-2018 Thana- WARISLIGANJ District- Nawada ====================================================== YASHWANT RAJ, Sex-Male, aged about 28 years, Son of Suresh Prasad, Resident of Village - Bhawani Bigha, P.S.- Warisaliganj, Distt - Nawada. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Sunil Kumar, Advocate.

For the Opposite Party :

Mrs.Anita Kumari Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-04-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is languishing in custody since 01.08.2018 in a case for the offence registered under Sections 302/34 of the IPC.

The prosecution story, in brief, is that on 30.07.18 at 3.00 P.M. conversation was made between the informant and her husband Raj Kundan on phone and he said that he is going to house after Dhalai and she said her husband not to go her house as the accused persons will beat him. After sometime, she contacted on her husband's mobile but phone was found switched off. On 30.07.18, one Chhotu Kumar informed to the informant that F.I.R. named accused persons assaulted her husband with rod and he is lying dead in Sadar Hospital, Nawada.

Patna High Court CR. MISC. No.26240 of 2019(2) dt.24-04-2019 2/2 It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. General and omnibus allegation has been made against the petitioner. No overt act has been alleged against the petitioner. Other co-accused has been granted bail by another Co-ordinate Bench of this Court vide Cr. Misc. No. 3300 of 2019 order dated 02.04.2019.

On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 1st Additional Sessions Judge, Nawada, in connection with Warisaliganj P.S. Case No. 263 of 2018, Sessions Trial No. 412 of 2018.

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