Patna High CourtCR. MISC./51664/2016allowed

Thakur Yadav v. The State Of Bihar

2016-12-21Mr. Justice Aditya Kumar Trivedi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51664 of 2016 Arising Out of PS.Case No. -216 Year- 2016 Thana -BARHARA District- BHOJPUR ======================================================

1. Thakur Yadav, son of Lal Babu Yadav, resident of Village & P.O.- Sareyan, P.S.- Darhara (Krishnagarh O.P.), District- Bhojpur, Ara. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anirudh Kumar Verma, Advocate For the Opposite Party/s : Mr. Aditya Narayan Singh 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 21-12-2016 Heard learned counsel for the petitioner as well as learned APP.

Informant who happens to be brother of deceased Narayan Singh had filed written report on 26.06.2016 disclosing therein that on the same day at about 1:30 AM, Manoj Yadav and Saroj Yadav brought his brother Narayan Singh in an injured condition who subsequently, succumbed to his injuries. On query, Manoj and Saroj disclosed that they had heard alarm of deceased followed with firing sound over which they rushed and after arrival at the place of occurrence, they found Narayan Singh in injured condition. Although, charge-sheet had already been submitted but it is apparent from perusal of the case diary that none is an eyewitness to the occurrence. Family members, whose statements have been recorded under para-17, 18 of the case diary,

Patna High Court Cr.Misc. No.51664 of 2016 (3) dt.21-12-2016 have shown apprehension against the petitioner and others to be the assailant as they belong to the gang of Bhim Yadav who was apprehended by the police on account of possessing of spurious wine. Furthermore, it is evident that one of the co-accused, Manoj Yadav was apprehended and it has been alleged that he made inculpatory extra-judicial confessional statement as per para-21 of the case diary. Furthermore, one of the co-accused Pintu Yadav is found allowed to avail privilege of anticipatory bail under Cr. Misc. No. 45981/2016.

Accordingly, petitioner, Thakur Yadav is directed to be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bhojpur at Arah in Barhana (Krishnagarh O.P) PS Case No. 216/2016.

(Aditya Kumar Trivedi, J) perwez U T