Patna High CourtCR. MISC./34678/2020bail granted

Hari Om Yadav v. The State Of Bihar

2021-01-18Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34678 of 2020 Arising Out of PS. Case No.-293 Year-2019 Thana- UDAKISHUNGANJ DistrictMadhepura ====================================================== Hari Om Yadav S/o - Jay Jay Ram Yadav Resident of village - Chharapatti (Chhharapatti) P.S. - Uda- Kishunganj, District- Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pawan Kumar For the Opposite Party/s :

Mr. Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-01-2021 Learned counsel for the petitioner is directed to remove the defects, as pointed out by the Office, within a period of four weeks.

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 302/34 of the Indian Penal Code and 27 of the Arms Act.

The prosecution case in short is that the son of the informant had left the house on a call and later his dead body was recovered.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 13.6.2020. There is no

Patna High Court CR. MISC. No.34678 of 2020(2) dt.18-01-2021 2/2 allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner is not named in the F.I.R. The name of the petitioner has transpired on the basis of confession of coaccused. Except for suspicion, there is no other substantive evidence to suggest his implication in the present case. There is no eye witness in the present case nor there is any circumstantial evidence to suggest the participation in the present 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, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. Uda Kishunganj, Madhepura in connection with Uda Kishunganj P.S. Case No. 293/2019.

(Sudhir Singh, J) Pankaj/- U T