Mahesh Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.9229 of 2015 (3) dt.10-04-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9229 of 2015 Arising Out of PS.Case No. -50 Year- 2014 Thana -SALAIYA District- AURANGABAD ====================================================== Mahesh Yadav son of Late Sheochand Yadav, Resident of village- Bhuiya Bigha, P.S.- Salaiya, District- Aurangabad .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jharkhandi Upadhyay For the Opposite Party/s : Mr. J.N. Thakur (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 10-04-2015 Heard learned counsel for the petitioner and the learned counsel for the State.

The petitioner is in custody since 17.12.2014 in a case for the offence registered under Sections 147, 148, 149, 302 of the Indian Penal Code.

Learned counsel for the petitioner submits that the allegation against the petitioner and other persons named in the first information report is general and omnibus in nature and there is no single eye witness to support the alleged occurrence as has been made out in the FIR. It is further submitted that petitioner has been implicated in this case at the instance of the co-villagers on the basis of mere suspicion. It is further submitted that petitioner has got no criminal antecedents.

Considering the aforesaid submissions and also

Patna High Court Cr.Misc. No.9229 of 2015 (3) dt.10-04-2015 the fact that the present case has been filed only on the basis of hear say stories which were circulated in the village, 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 Chief Judicial Magistrate, Aurangabad in connection with Salaiya P.S. Case No. 50 of 2014.

(Anjana Mishra, J) Jagdish/- U T