Jitendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27545 of 2015 Arising Out of PS.Case No. -35 Year- 2013 Thana -WEST CHAMPARAN GRP CASE DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Jitendra Yadav son of Jagat Narayan Yadav resident of VillageParwatiya tola,P.s Bettiah Muffasil, District West champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manoj Kumar For the Opposite Party/s : Mr. Umesha Nand Pandit (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 31-07-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is in custody in a case registered under Section 302 of the Indian Penal Code and Section 27 of Arms Act. It is alleged by the informant that on 19.9.2013 je was present at Paniahwa Railway Station to join escort duty in Awadh Express Train. Coach conductor, vendor and passengers informed that a dead body was lying on Berth No. 71 in S/14. On query they disclosed that as soon as the train started from Bagaha Railway Station they heard a firing sound and there was a situation of stampede in Coach no. S/14 and they entered into the compartment and saw the dead body of a 25-26 years old man lying on Berth No. 71, which was full of blood.. The officer

Patna High Court Cr.Misc. No.27545 of 2015 (2) dt.31-07-2015 2/2 incharge, Kaptanganj Rail Police Station was informed on his cell phone and on the direction of superior officer the dead body was brought to Gorakhpur Railway Station and the dead body was got down on the platform and panchnama was made. The dead person was identified as Dipeshwar Kuamr s/o Kaleshwar Ojha of West Champaran (Bihar).

On behalf of the petitioner it has been submitted that the petitioner is in custody since 12.5.2015. The petitioner is not named in the FIR. There is no direct evidence against him nor there is any circumstantial evidence against him. It is further submitted that merely on suspicion the name of the petitioner has figured in this case.

On behalf of the State, it is submitted that the name of the petitioner has come in course of investigation. Considering the facts aforesaid, let above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M.,Westt Bettiah in Narkatiaganj Rail P.S.Case No.35 of 2013.

(Sudhir Singh, J) singh/- U T