Sanjay Yadav @ Sanjay Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.12320 of 2018 (4) dt.10-05-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12320 of 2018 Arising Out of PS.Case No. -138 Year- 2017 Thana -MAHKAR District- GAYA ======================================================

1. Sanjay Yadav @ Sanjay Kumar S/o Dudheshwar Yadav, R/o VillageBahbalpur, P.S.- Mahakar in the District of Gaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sudhanshu Shekhar For the Opposite Party/s : Mr. Sri Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 10-05-2018 Heard learned Counsel for the petitioner and the State. Petitioner, already in custody since 26.8.2017, seeks bail in Mahkar PS Case No. 138 of 2017 registered under Sections 341, 323, 307 and 302 of the IPC.

The allegation in brief is that while the informant's husband was coming back to home, near the canal the petitioner assaulted him by brick and the said offence was witnesses by Indu Devi, daughterin-law of the informant. Learned Counsel for the petitioner submits that the informant is not the eye witness, investigation has been completed, chargesheet has already been submitted but statement of Indu Devi daughter-in-law of the informant has been recorded, which statement is accepted by the learned Counsel for the State, there is no reason for committing murder of the deceased by the petitioner and he has no criminal antecedent.

Having considered the said facts and circumstances, the petitioner, namely, Sanjay Yadav @ Sanjay Kumar is directed to 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 ACJM 9th Gaya in connection with Mahkar PS Case No. 138 of 2017.

Snkumar/- (Arun Kumar, J) U T