Rabindra Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63568 of 2018 Arising Out of PS. Case No.-172 Year-2018 Thana- SAUR BAZAR District- Saharsa ====================================================== Rabindra Kumar Yadav S/o late Nunulal Yadav Resident of Village- Gadhiya, P.S. and District- Madhepura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amarnath Jha, Adv.

For the Opposite Party/s :

Mr. Sakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-11-2018 The petitioner seeks regular bail in connection with Sour Bazar (Police Camp Baijnathpur) P.S. Case No. 172/2018, registered for offences punishable under Section 302 and 201 of the Indian Penal Code.

F.I.R. has been lodged by Choukidar on recovery of a dead-body on railway track. Later on, the dead-body was identified by the wife of deceased. It further appears that petitioner has been made accused in this case due to reason that he happens to be the Sadhu of the deceased having illicit relation with the wife of deceased. Further the tower location of mobile of petitioner shows his presence at the place of occurrence.

Submission of learned counsel for the petitioner is that he has been made accused only on the basis of suspicion.

Patna High Court Cr.Misc. No.63568 of 2018(3) dt.20-11-2018 2/2 F.I.R. is against unknown. Nothing has been recovered from his possession or from his house. He is in custody since 20.06.2018. Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case, let the petitioner above-named, be released on bail on furnishing bail bonds of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saharsa in connection with Sour Bazar (Police Camp Baijnathpur) P.S. Case No. 172/2018, subject to the condition that petitioner will cooperate in disposal of trial and make himself available as and when required by the court below, failing which, the prosecution shall move for cancellation of his bail bonds. (Vinod Kumar Sinha, J) vinita/- U T