Wakil Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.54259 of 2015 Arising Out of PS.Case No. -99 Year- 2015 Thana -MASAURHI District- PATNA ======================================================
1. Wakil Yadav Son of Ramprawesh Yadav Resident of VillageGelhabigha, P.s Masaurhi, District Patna. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ajay Kumar Sinha, Advocate For the Opposite Party/s : Mr. Ram Naresh Roy(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 01-12-2015 Heard learned counsel for the petitioner and the State.
The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 364, 302, 201/34 of the Indian Penal Code.
The prosecution case is that the dead body of Surendra Sharma, brother of the informant was recovered on 03.04.2015, though he went missing on 30.03.2015, leading to registration of First Information Report against Nasimuddin Mukhiya, Vijay Singh and Sarbesh Yadav. The name of the petitioner sprang up on the confession of Binod Kumar and Barun Yadav, who were seen taking liquor and meat in the company of the victim prior to his death. During investigation it also transpired that the petitioner was found talking with the other accused
Patna High Court Cr.Misc. No.54259 of 2015 (2) dt.01-12-2015 persons.
It is submitted by the learned counsel for the petitioner that only on suspicion the accusation has been levelled. Binod Kumar has been granted regular bail vide Cr. Misc. No. 27323 of 2015, whereas the other First Information Report named accused person Sarbesh Yadav has been granted bail vide Cr. Misc. No. 27093 of 2015. Statement has been made in para-3 of the petition that petitioner has no criminal antecedent.
Considering the fact that the name of the petitioner sprang up during investigation on confession of Binod Kumar @ Barhu Yadav @ Barhu Prasad, who has been granted bail, let the above named petitioner be released on bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Masaurhi in connection with Masaurhi P.S. Case No. 99 of 2015, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Dinesh Kumar Singh, J) P.K./- U T