Sidheshwar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41595 of 2015 Arising Out of PS.Case No. -111 Year- 2015 Thana -BODHGAYA District- GAYA ====================================================== Sidheshwar Yadav, S/o Baleshwar Yadav, R/v- Lohra, P.S.- Bodh Gaya, Distt- Gaya (Bihar).

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vijay Kumar Sinha For the Opposite Party/s : Mr. Ashok Kr.Singh No.1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 30-10-2015 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted under Sections 302, 201 and 34 of the Indian Penal Code. Prosecution case is that son of the informant was called through his mobile phone at about 11 P.M. Thereafter, he left his house but did not return. On the next day, his deadbody was found lying in the field of one Sunil Mistri. It is also alleged that deceased had an illicit relation with daughter of the petitioner. Petitioner and his son had given threatening to the deceased and, as such, petitioner has been made accused in the present case.

It has been submitted on behalf of the petitioner that he has got no criminal antecedent. He is in custody since 12.4.2015. Chargesheet has been submitted in the present case. There is no allegation of tampering of evidence against the petitioner. Petitioner is not named in the F.I.R. Petitioner has been implicated in the present case merely on the basis of suspicion.

Patna High Court Cr.Misc. No.41595 of 2015 (3) dt.30-10-2015 2 / 2 the petitioner in the present case. There is no circumstantial evidence to support the prosecution case.

On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, let the above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya, in connection with Bodh Gaya P.S. Case no. 111 of 2015 ( G.R. no. 1541 of 2015).

(Sudhir Singh, J) sudip/- U T