Rahul Kumar Yadav @ Kanti Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29824 of 2019 Arising Out of PS. Case No.-287 Year-2018 Thana- SARAIYA District- Muzaffarpur ====================================================== RAHUL KUMAR YADAV @ KANTI YADAV S/o Raj Narayan Ray @ Ranjan Rai R/o village- Basudeo Patti, P.S.- Saraiya, District- Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manindra Kishore Singh For the Opposite Party/s :
Mr.Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-09-2019 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in a case registered under Sections 302, 120(B)/34 of the Indian Penal Code and 27 of the Arms Act.
Allegation is that some unknown miscreants committed murder of the husband of the informant. It has been submitted on behalf of the petitioner that the petitioner is in custody since 03.10.2018. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is not named in the F.I.R. His name has come on his self confession. Except for this, there is no other substantive evidence to suggest his implication in this case. There is no eye witness to the
Patna High Court CR. MISC. No.29824 of 2019(4) dt.27-09-2019 2/2 alleged occurrence nor there is any circumstantial evidence to suggest his implication in this case.
On behalf of the State, it is 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 bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate 1st (West), Muzaffarpur in connection with Saraiya P.S. case No.287 of 2018.
(Sudhir Singh, J) Narendra/- U T