Patna High CourtCR. MISC./40358/2015bail granted

Rajesh Yadav v. The State Of Bihar

2015-10-29Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40358 of 2015 Arising Out of PS.Case No. -1 Year- 2015 Thana -DUMARIA District- GAYA ======================================================

1. Rajesh Yadav Son of Bandhu Yadav, Resident of Village - Nebhi, P.S. - Pratappur, District - Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shivendra Prasad For the Opposite Party/s : Mr. Ram Naresh Roy(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-10-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is in custody in a case registered under Sections 458, 341, 323 and 307/34 of the Indian Penal Code. The prosecution case in, brief, is that on 13.01.2015 at about 7 P.M. four unknown persons entered in the house of the informant and out of whom two caught to informant and choked the mouth and remaining two attacked on the son of the informant Raju Yadav and stabbed on his abdomen and thereafter fled away. It has been submitted on behalf of the petitioner that the petitioner has no criminal antecedent. He is in custody since 07.05.2015. Charge sheet has been submitted in this case. There is no allegation of tampering with the evidence against the

Patna High Court Cr.Misc. No.40358 of 2015 (3) dt.29-10-2015 2/2 petitioner. The petitioner is not named in the FIR. The name of the petitioner has come in course of investigation. From perusal of case diary it would appear that it is alleged that the petitioner had given single blow upon the victim. It is further submitted on behalf of the petitioner that the petitioner may be released after completion of six months in custody from 07.05.2015. On behalf of the State, it has been submitted that the petitioner is not named in the FIR.

Considering the facts aforesaid, let above named petitioner be released, after competition of six months in custody from 07.05.2015, 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 S.D.J.M., Sherghati,Gaya in Dumariya P.S.Case No. 01 of 2015.

(Sudhir Singh, J) singh/- U T