Patna High CourtCR. MISC./37650/2019allowed

Santosh Yadav v. The State Of Bihar

2019-09-13Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37650 of 2019 Arising Out of PS. Case No.-171 Year-2018 Thana- PARAIYA District- Gaya ====================================================== SANTOSH YADAV Son of Chandrika Yadav @ Chanarki Yadav Resident of Village- Solara, Police Station- Paraiya, District- Gaya. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manish Kumar No2 For the Opposite Party/s :

Mr.Mohammed Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 13-09-2019 Heard learned counsels for the petitioner, the State and the informant.

Petitioner seeks bail in connection with Paraiya P.S. Case No. 171 of 2018 registered for the offence punishable under section 302 and other allied sections of the Indian Penal Code and Section 27 of the Arms Act. Learned counsel appearing for the petitioner submits that petitioner has been falsely implicated in this case merely on suspicion. As a matter of fact, the deceased and this petitioner are full brother and the deceased was involved in several criminal activities and was receiving threatening by several persons. The wife of the deceased has made allegation against this petitioner only for the reason

Patna High Court CR. MISC. No.37650 of 2019(4) dt.13-09-2019 2/2 that there is dispute between the family on the point of partition. Petitioner is in custody since 24.12.2018. Learned counsel appearing for the informant opposes the prayer for bail of the petitioner and submits that during investigation witnesses have supported the prosecution case.

Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, let the petitioner, above named, 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 Additional Chief Judicial Magistrate, III, Gaya in connection with Paraiya P.S. Case No. 171 of 2018.

(Arvind Srivastava, J) mcv/- U T