Sarwesh Yadav @ Kumar Sarwesh Nandan @ Kumar Sarwesh v. The State Of Bihar

Patna High Court Cr.Misc. No.27093 of 2015 (3) dt.24-09-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27093 of 2015 Arising Out of PS.Case No. -99 Year- 2015 Thana -MASAURHI District- PATNA ====================================================== Sarwesh Yadav @ Kumar Sarwesh Nandan @ Kumar Sarwesh S/o Sri Baijnath Prasad R/o Village- Gelhabigha, P.s Masaurhi, District Patna.. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Dhirendra Kumar Sinha For the Opposite Party : Mr. Raj Kishore Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-09-2015 Heard learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in a case instituted under Sections 364, 302, 201 and 34 of the Indian Penal Code.

It is alleged by the informant that on 03.04.2015 after starting his motor near the cabin, he was returning to his house and in way he heard rumour that a dead body is lying in the field of Vijay Yadav. He along with the villagers went there to see the dead body and found that someone has committed the murder of his brother Surendra Sharma and thrown his dead body there. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no direct or indirect evidence against the petitioner. Petitioner has been named

Patna High Court Cr.Misc. No.27093 of 2015 (3) dt.24-09-2015 accused in the present case merely on the basis of a suspicion. Except for suspicion, there is no other substantive piece of evidence in the present case.

On behalf of the State, it has been submitted that the petitioner is named in the FIR.

Considering the aforesaid facts, let the above named petitioner, in the event of his arrest or surrender in the court below within a period of four weeks, 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 learned SDJM, Masaurhi, District-Patna in connection with Masaurhi P.S.Case No.99 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sudhir Singh, J) B.Kr./- U T