Tarun Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.18563 of 2016 Arising Out of PS.Case No. -680 Year- 2015 Thana -HILSA District- NALANDA (BIHARSHARIFF) ======================================================
1. Tarun Yadav Son of Jawala Yadav resident of village - Bari Ghosi, P.S. Hilsa, District - Nalanda.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shashank Shekhar For the Opposite Party/s : Mr. Kr.Ranjit Ranjan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03-05-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered for the offences punishable under Section 302/34 of the Indian Penal Code and Section 3 (2) (v) of S.C./S.T. (Prevention of Atrocities) Act.
Informant is not an eye witness of the alleged occurrence and the name of petitioner as well as two other coaccused was given by the informant in this case on the basis of previous enmity. Admittedly, in course of investigation, not a single prosecution witness claimed to have seen the actual killing of the deceased and except the above stated circumstantial
Patna High Court Cr.Misc. No.18563 of 2016 (3) dt.03-05-2016 2/2 evidence, there appears to be nothing against the petitioner. Moreover, co-accused, Jwala Yadav, having more or less similar allegation, has already been granted privilege of anticipatory bail by a co-ordinate Bench of this Court vide order dated 16.03.2016 passed in Cr. Misc. No. 11650 of 2016.
Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner 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 Additional Chief Judicial Magistrate-II, Hilsa in connection with Hilsa P.S. Case No. 680 of 2015.
(Hemant Kumar Srivastava, J) SHAHZAD/- U T