Manoj Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37801 of 2020 Arising Out of PS. Case No.-459 Year-2020 Thana- MADHEPURA District- Madhepura ====================================================== 1.

Manoj Yadav, Male, aged about 45 years, Son of Upendra Yadav, Resident of Village- Jiwachpur, Ward No. 06, P.S.- Madhepura (Bharrahi OP), District- Madhepura.

2.

Prabhash Yadav, Male, aged about 19 years, Son of Manoj Yadav, Resident of Village- Jiwachpur, Ward No. 06, P.S.- Madhepura (Bharrahi OP), District- Madhepura.

... ... Petitioners

Versus

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

For the Petitioners :

Mr.Shekhar Kumar Singh, Advocate.

For the Opposite Party :

Mr. A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-02-2021 Learned counsel for the petitioners is directed to remove the defects, as pointed out by the office, within a period of four weeks.

Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners seek bail in a case for the offence registered under Sections 302, 120(B)/34 of the I.P.C. and 27 of the Arms Act.

The prosecution story, in brief, is that the petitioners and seven co-accused persons named in the F.I.R., having conspired together committed murder of Siyaram Prasad Yadav, the father of the informant.

Patna High Court CR. MISC. No.37801 of 2020(2) dt.05-02-2021 2/2 It has been submitted by learned counsel for the petitioners that the petitioners are in custody since 15.06.2020. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. The names of the petitioners have transpired in the present case merely on the basis of suspicion. Except for suspicion, there is no other substantive evidence to suggest the implication of the petitioners in the present case. There is no eye witness to the alleged occurrence.

On behalf of the learned counsel for the State, it has been submitted that the petitioners are named in the F.I.R. Considering the aforesaid facts and circumstances of the case, the petitioners above named, are directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of the learned, in connection with (Sudhir Singh, J) U.K./- U T