Debu Sada v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26908 of 2018 Arising Out of PS.Case No. -63 Year- 2017 Thana -GHANSHYAMPUR District- DARBHANGA ======================================================

1. Debu Sada, Son of Jayram Sada, resident of Village- Baurma (Bauram), P.S.- Badgaun, O.P. District- Darbhanga.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Manish Kumar No 13 For the Opposite Party/s : Mr. Sri Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 28-05-2018 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Ghanshyampur PS case no. 63 of 2017 instituted for the offences punishable under Sections 302, 201/34 of Indian Penal Code. The allegation is regarding the accused persons having killed the mother of the informant on account of property dispute.

The learned counsel for the petitioner submits that the petitioner is a non-FIR named accused person and his name has been dragged in the present case only on the basis of confessional statement of the co-accused person namely Rohit Yadav. It is further submitted that similarly situated co-accused

Patna High Court Cr.Misc. No.26908 of 2018 (3) dt.28-05-2018 2/2 person Shiv Nath Yadav has already been granted bail by the learned trial court. Lastly, it is submitted that the petitioner is having a clean antecedent and he is languishing in custody since 05.05.2017.

Having regard to the facts and circumstances of the case as also the fact that apart from the confessional statement of the co-accused Rohit Yadav, no other material has come against the petitioner in the present case, the abovenamed petitioner is directed to be released on regular bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of S.D.J.M. Biraul at Benipur in connection with Ghanshyampur PS case no. 63 of 2017. (Mohit Kumar Shah, J) rinkee/- U T