Pankaj Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.42165 of 2015 Arising Out of PS.Case No. -247 Year- 2014 Thana -DARAUNDA District- SIWAN ======================================================
1. Pankaj Yadav Son of Late Hareram Yadav Resident of village - Pinarthu, Police Station - Daronda, District - Siwan .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Raghav Prasad For the Opposite Party/s : Mr. Ajit Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 15-09-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. The name of petitioner has been given in the first information report on the basis of suspicion and the informant has not seen the actual killing of the deceased.
Learned counsel for the petitioner points out that in course of investigation, not a single prosecution witness has claimed himself to be an eye witness of the alleged occurrence and the paragraphs referred by the Additional Sessions Judge, Siwan in his impugned order are nothing but only the repeated version of the prosecution case.
In view of the aforesaid submission as well as facts and circumstances of the case, this petition stands disposed of with
Patna High Court Cr.Misc. No.42165 of 2015 (2) dt.15-09-2015 2/2 direction to the learned Chief Judicial Magistrate, Siwan/ concerned court to verify the aforesaid statement of learned counsel for the petitioner from the case diary and if the aforesaid statement is found correct, the petitioner shall be released on bail on furnishing bail bond of the Rs. 10,000/- in connection with Daronda P.S. Case No.247 of 2014 but if in course of investigation any witness has claimed himself to be an eye witness, petitioner shall not be released on bail. (Hemant Kumar Srivastava, J) Namita/- U T