Patna High CourtCR. MISC./3303/2015bail granted

Indra Kumar Yadav v. The State Of Bihar

2015-03-04Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3303 of 2015 Arising Out of PS.Case No. -27 Year- 2014 Thana -KISHUNPUR District- SUPAUL ======================================================

1. Indra Kumar Yadav S/O Late Jagarnath Yadav Resident of villNawabakhar,P.S-Kisanpur,Distt.-Supaul .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Suraj Narain Yadav For the Opposite Party/s : Mr. Rajendra Nath Jha (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 04-03-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in connection with Kisanpur P.S. Case No. 27 of 2014 registered for the offences punishable under sections 307 read with 34 of the Indian Penal Code and 27 of the Arms Act.

Learned counsel for the petitioner has submitted that the petitioner is neither named in the F.I.R. nor any witness has taken his name in course of investigation. The co-accused, namely, Santosh Kumar Choudhary and Vikram Yadav were arrested on 6th February, 2014 and got their statement recorded in paragraphs 27 and 29 of the case diary. They did not name the petitioner as one of the miscreants involved in the commission of

Patna High Court Cr.Misc. No.3303 of 2015 (3) dt.04-03-2015 2/2 the offence. Another co-accused Ram Bahadur Yadav was also arrested in the case and his confessional statement was also recorded on 10th February, 2014 in paragraph 30 of the case diary but he also did not take the name of the petitioner as one of the miscreants. The only material against the petitioner is that the police spy has disclosed the name of the petitioner as the 4th miscreants involved in the case.

Learned counsel for the State has opposed the prayer for bail. However, he could not controvert the aforesaid submissions made by learned counsel for the petitioner. Regard being had to the facts and circumstances of the case, the petitioner named above is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Supaul in connection with Kisanpur P.S. Case No. 27 of 2014.

(Ashwani Kumar Singh, J) Pradeep/- U T