Patna High CourtCR. MISC./38372/2019bail granted

Bechan Yadav v. The State Of Bihar

2019-06-26Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38372 of 2019 Arising Out of PS. Case No.-23 Year-2019 Thana- KUSHESHWARASTHAN DistrictDarbhanga ====================================================== BECHAN YADAV, Son of Jai Kishun Yadav, Resident of Village - Soharba Ghat, P.S.- Kusheshwar Asthan, District - Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Girish Chandra Jha, Advocate For the Opposite Party/s :

Mr. Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 26-06-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in Kusheshwar Asthan P.S. Case No.23 of 2019 instituted for the offence under Section(s) 302, 201, 120-B Indian Penal Code.

Counsel for the petitioner submits that Petitioner is in custody since 25.01.2019. There is no specific allegation against the petitioner.

In the written report, it is alleged that brother of the informant had gone with this petitioner and he did not return. It is alleged that the informant enquired from the petitioner, but he did not give any reply. During search, the informant got information that one dead body is lying near the brick kiln of

Patna High Court CR. MISC. No.38372 of 2019(2) dt.26-06-2019 2/2 Jibach Jha. The informant reached there and identified dead body of his brother (Raghunath Yadav). He took him to DMCH where he was declared dead.

In this manner, it is found that there is no allegation of specific overt act against the petitioner. Petitioner is only said to be last seen with the deceased.

In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, 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 the Judicial Magistrate, Biraul, Darbhanga, in connection with Kusheshwar Asthan P.S. Case No.23 of 2019, subject to the condition that both the bailors shall be close relative of the petitioner.

(Sanjay Priya, J) J. Alam/- U T