Patna High CourtCR. MISC./26088/2015bail granted

Surendra Yadav v. The State Of Bihar

2015-07-24Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26088 of 2015 Arising Out of PS.Case No. -52 Year- 2014 Thana -ROSERA District- SAMASTIPUR ====================================================== Surendra Yadav Son of Ramotar Yadav resident of village - Taiyarahi, Police Station - Rosera, District - Samastipur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manish Kumar No-2 For the Opposite Party/s : Mr. Abhay Kr. Roy(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-07-2015 The petitioner is in custody since 21.4.2015 in Rosera P.S. Case No.52 of 2014 for the offence under Section 302/ 34 of the I.P.C.

Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. The prosecution case, in short, is that on 10.2.2014 at 7 P.M. brother of the informant, namely, Mohan Yadav having tobacco with Ramdeo Yadav proceeded from there saying him that he would be returning home after observing the agricultural field. The informant's mother had also seen her son going along with Sujeet Yadav, Sunil Yadav, Soman Choudhary, Manmohan Choudhary including the petitioner and she thought that they might have gone to attend the natural call but when Mohan Yadav

Patna High Court Cr.Misc. No.26088 of 2015 (2) dt.24-07-2015 2/2 did not return his house his family members began to search. On the following day the informant came to know that his brother Mohan Yadav had been murdered and his dead body was lying in the field. Various cut injuries were found on the person of the deceased.

It has been submitted on behalf of the petitioner that he is in custody since 21.4.2015. Charge sheet has been submitted in this case. The petitioner has got no criminal antecedent. It is a case of last seen.

On behalf of the State it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of A.C.J.M., Rosera, Samastipur, in Rosera P.S. Case No.52/14.

(Sudhir Singh, J) AnilKrSinha/- U