Babloo Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50300 of 2016 Arising Out of PS.Case No. -65 Year- 2015 Thana -MURLIGANJ District- MADHEPURA ====================================================== Babloo Yadav son of Late Keshav Yadav, resident of village- Pokharam, P.S. Murliganj, District- Madhepura .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Sharda Nand Jha For the Opposite Party/s : Mr. R.B. Roy 'Raman' ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-11-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case instituted under Sections 323, 302 and 120B/34 of the Indian Penal Code. The prosecution story, in brief, is that an altercation took place between the deceased and co-accused, Sanjay Yadav and after the aforesaid altercation, the deceased took liquor in the company of the petitioner and others and subsequently, next morning, the dead body of the deceased was found in a maize field.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 17.08.2016. The charge sheet has been submitted in the present case. The petitioner has got no criminal antecedent. There is no allegation of tampering of

Patna High Court Cr.Misc. No.50300 of 2016 (2) dt.21-11-2016 2/2 witnesses alleged against the petitioner. As per the First Information Report, a suspicion has been raised against the petitioner. There is no eyewitness to the alleged occurrence. The other co-accused have been granted bail vide Annexure-2 series to the present application.

On behalf of the state, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, 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 the learned Chief Judicial Magistrate, Madhepura in connection with Murliganj P.S. Case No. 65 of 2015 (G.R. No. 564 of 2015).

(Sudhir Singh, J.) Amit/- U T