Ganesh Yadav v. The State Of Bihar
Patna High Court Cr.Misc. No.26330 of 2015 (4) dt.29-10-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.26330 of 2015 Arising Out of PS.Case No. -7 Year- 2015 Thana -GOH District- AURANGABAD ====================================================== Ganesh Yadav S/o Late Tapeshwar Yadav, R/o Village Bhauthahi, Police Station- Goh, District Aurangabad (Bihar).
.... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.30547 of 2015 Arising Out of PS.Case No. -7 Year- 2015 Thana -GOH District- AURANGABAD ====================================================== PARMAND YADAV @PARMANAND YADAV S/o Sri Ganesh Yadav R/o Village - Badhthahi, Police Station - Goh, District - Aurangabad (Bihar) .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
(In Cr.Misc. No.26330 of 2015) For the Petitioner : Mr. Sanjay Kumar @ Manu For the Opposite Party : Mr. Nand Kishore Pd.(App) (In Cr.Misc. No.30547 of 2015) For the Petitioner : Mr. Sanjay Kumar @ Manu For the Opposite Party : Mr. Uday Chandra Prasad(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-10-2015 Heard the counsel for the petitioners and counsel for the State.
The petitioners are languishing in jail since 19.01.2015 in a case instituted under Sections 363, 370, 372, 365, 302 and 120B of the Indian Penal Code.
As per allegation, the grand son of the informant,
Patna High Court Cr.Misc. No.26330 of 2015 (4) dt.29-10-2015 namely, Pankaj Kumar went missing leading to registration of the FIR against unknown. Subsequently, the dead body of the victim was recovered with injuries.
It has been submitted on behalf of the petitioners that the petitioners are in custody since 19.01.2015. Chargesheet has been submitted in the case. There is no allegation of tampering of evidence against the petitioners. Petitioners have got no criminal antecedent. Petitioners are not named in the FIR. Except for the confession, there is no other material to suggest the implication of the petitioners. If the confession is accepted, it is a case of Section 304 of the Indian Penal Code. The other co-accused has been granted bail by this Court vide Cr.Misc.No.15465 of 2015. On behalf of the State and the counsel for the Informant, it has been submitted that the petitioners are not named in the FIR.
Considering the aforesaid facts and circumstances, let the above named petitioners be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned CJM, Aurangabad in connection with Goh P.S.Case No.07 of 2015. (Sudhir Singh, J) B.Kr./- U T