Patna High CourtCR. MISC./45694/2019bail granted

Mrityunjay Yadav v. The State Of Bihar

2019-07-30Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45694 of 2019 Arising Out of PS. Case No.-45 Year-2017 Thana- SONBERSA District- Saharsa ====================================================== MRITYUNJAY YADAV Son of Shyam Sundar Yadav Resident of VillageGajipaitta, Chandi Sthan, P.S.-Sonbarsa Raj, District-Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandra Mohan Jha For the Opposite Party/s :

Mr.Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 30-07-2019 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in Sonbarsa Raj P. S. Case No. 45 of 2017 instituted for the offence under Section(s) 302, 120B of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for petitioner submits that mere suspicion has been raised by informant against the petitioner in the instant case.

In the written report it is alleged that on the date of occurrence while the son of the informant was returning to his house some unknown miscreants have killed him at Nawtoliya main road near Shahpur village. The police brought the dead body at Saharsa Sadar hospital where the informant identified

Patna High Court CR. MISC. No.45694 of 2019(2) dt.30-07-2019 2/2 the dead body of his son. The informant has found some injury on the neck of the deceased. The informant has raised suspicion against this petitioner.

The Sessions Judge, Saharsa has mentioned in the impugned order that police has recorded the confessional statement of petitioner in para 60 of the case diary. Besides such confessional statement, it appears from the impugned order that there is no specific allegation of overt act against this petitioner.

Petitioner is in custody since 25.8.2017.

Considering the aforesaid, 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 ADJ-III-cum Spl Judge, Saharsa in connection with in Sonbarsa Raj P. S. Case No. 45 of 2017, Sessions Trial no. 73 of 2018 subject to the condition that both the bailors shall be the close relative of the petitioner. (Sanjay Priya, J) shyambihari/- U T