Pankaj Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29606 of 2016 Arising Out of PS.Case No. -309 Year- 2015 Thana -PIRPAINTI District- BHAGALPUR ====================================================== Pankaj Yadav Son of Ramawtar Yadav Resident of Village- Lakrakoi, P.S.- Pirpainti, District- Bhagalpur.

.... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-09-2016 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted under Sections 302, 34 and 120B of the Indian Penal Code and 27 of the Arms Act.

Allegation is that informant's husband has been killed by some accused persons, against whom a sanha has already been instituted by the deceased.

It has been submitted on behalf of the petitioner that he is in custody since 26.4.2016. Chargesheet has been submitted against the petitioner. No allegation of tampering of witnesses is alleged against the petitioner. Petitioner is not named in the F.I.R. His name has come on the basis of confessional statement of the co-accused. There is no eye witness to the alleged occurrence nor there is any circumstantial evidence to suggest implication of the petitioner in the present case. Other co-accused have been granted bail vide Annexures- 2, 3 and 5 to the present application. On behalf of the State, it is submitted that petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, let the

Patna High Court Cr.Misc. No.29606 of 2016 (3) dt.05-09-2016 2/2 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 Addl. Chief Judicial Magistrate-XIth , Bhagalpur, in connection with Pirpainty P.S. Case no. 309 of 2015.

(Sudhir Singh, J) sudip/- U T