Shivdaras Yadav v. The State Of Bihar
Patna High Court Cr.Misc. No.19365 of 2015 (3) dt.09-09-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.19365 of 2015 Arising Out of PS.Case No. -164 Year- 2014 Thana -DURGAWATI District- BHABHUA (KAIMUR) ====================================================== SHIVDARAS YADAV, SON OF NARESH YADAV, RESIDENT OF VILLAGE- BAHARA, P.S - DURGAWATI, DISTRICT- KAIMUR AT BHABUA.
.... .... PETITIONER/S
VERSUS
THE STATE OF BIHAR .... .... OPPOSITE PARTY/S ====================================================== Appearance :
For the Petitioner/s : Mr. Rajani Kant Pandey For the Opposite Party/s : Mr. Zainul Abedin (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 09-09-2015 Heard learned counsel for the petitioner, learned counsel for the informant and also learned A.P.P. for the State. The petitioner is accused in connection with Durgawati P.S. Case No. 164 of 2014 registered under Sections 302 and 120B/34 of the Indian Penal Code.
The allegation of informant, Pawan Singh Yadav, is that on 19.08.2014 his neighbour petitioner, Sunil Kumar Yadav and Mhendra Tiwary were committing theft of wheat kept in the bags. On which protest was made then they threatened to kill the father of informant. On 20.08.2014 when father of informant went to field to watch the chamber in the night but in the morning his dead body was found in well. The informant raised suspicion
Patna High Court Cr.Misc. No.19365 of 2015 (3) dt.09-09-2015 against the petitioner and others to kill his father due to earlier dispute.
Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case mere on suspicion on the ground of hot talk alleged to exchanged earlier, except that there is nothing to show the petitioner's involvement in the present case. Learned counsel for the petitioner further submits that co-accused, Mahendra Tiwary @ Banti Tiwari, has been granted privilege of bail by a Bench of this Court vide order dated 01.04.2015 passed in Criminal Miscellaneous No. 12956 of 2015. It is further submitted that petitioner having no criminal is in custody since 06.09.2014.
Having regard to the facts and the circumstances of the case, the petitioner above named, 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 the Additional District Judge-IV, Kaimur at Bhabua, in connection with Durgawati P.S. Case No. 164 of 2014.
(Rajendra Kumar Mishra, J) Bhardwaj/- U T