Bhim Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35931 of 2018 Arising Out of PS. Case No.-17 Year-2012 Thana- KONCH District- Gaya ====================================================== Bhim Yadav S/o Sheodhar Yadav @ Bishundhari Yadav, resident of VillageDarwar, P.S.- Uphara, District- Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dharmendra Kumar Sinha For the Opposite Party/s :

Mr. Sri Chaubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 18-08-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in Konch P.S. Case No. 17 of 2012 registered for the offence punishable under Sections 364, 364A, 395, 397, 412/34 of the Indian Penal Code. Informant in his written report has stated that he along with his brother is doing business of cloth in Dadregi Bazar and both used to return to their home in the evening. On 01.02.2012 at about 6:00 pm when he was returning to his home he was informed that his brother's bicycle is lying near the canal. He

Patna High Court Cr.Misc. No.35931 of 2018(3) dt.18-08-2018 2/3 has further stated that one co-villager Vinod Kumar informed him that in the evening at about 5:30 pm ten unknown persons assaulted him and asked his name and when he disclosed his name they said that this is not the person whom we are searching for. Then informant came to know that his brother has been kidnapped.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. It has been further submitted that the name of the petitioner has transpired on the basis of confessional statement of Mithilesh Sao from whose possession the brother of the informant was recovered, has been granted bail vide order dated 22.08.2012 in Criminal Miscellaneous No. 24963 of 2012. It has been stated in paragraph no. 11 that Buddhan Yadav, Kalut Sao and Raja Yadav have already been granted bail in Criminal Miscellaneous Nos. 27536 of 2012, 19405 of 2012 and 21486 of 2012. Petitioner has got no criminal antecedent and is in custody since 28.02.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned

Patna High Court Cr.Misc. No.35931 of 2018(3) dt.18-08-2018 3/3 Chief Judicial Magistrate, Gaya, in connection with Konch P.S. Case No. 17 of 2012.

(S. Kumar, J) ranjan/- U