Siko Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.69173 of 2018 Arising Out of PS. Case No.-17 Year-2017 Thana- SAHEBPUR KAMAL District- Begusarai ====================================================== Siko Yadav, Son of Rameshwar Yadav, resident of Village- Aheghat, Police Station- Sahebpur Kamal, District- Begusarai. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manoj Kumar, Adv.
For the Opposite Party/s :
Smt. Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03-01-2019 Heard learned counsels for the petitioner and learned APP for the State.
The petitioner is languishing in custody since 16.09.2018 in a case registered for the offences punishable under sections 302,201,120B/34 of the Indian Penal Code. The prosecution case got initiated on the basis of written report dated 23.01.2017 submitted by Prabhat Nandan Singh to the Station House Officer, Sahebpur Kamal Police Station to the effect that the son of brother-in-law of the informant Kore Lal Singh used to sleep at the door of coaccused, Ram Babu Singh since last two months, but he was killed by four FIR named accused persons and the dead body was found cut in pieces under an under-construction bridge. The petitioner is not named in the FIR, rather his name
Patna High Court Cr.Misc. No.69173 of 2018(3) dt.03-01-2019 2/3 subsequently sprang up during course of investigation. It is submitted by learned counsel for the petitioner that the FIR named accused persons, including, co-accused, Ram Babu Singh at whose door the informant was sleeping on the alleged date of occurrence, have been granted bail by different co-ordinate Benches of this Court vide orders dated Criminal Miscellaneous No. 30323 of 2017, Criminal Miscellaneous No. 9078 of 2018, Criminal Miscellaneous No.24376 of 2018, whereas, other co-accused namely, Ram Pukar Yadav, whose name sprang up during course of investigation has also been granted bail by a co-ordinate Bench of this Court vide Criminal Miscellaneous No. 48632 of 2018.
It is further submitted that only on suspicion, the petitioner has been roped in in the present case. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent. Learned APP for the State after going through the case diary submits that the petitioner was found roaming around the place of occurrence, hence, the suspicion has been raised against the petitioner.
Considering the suspicious circumstantial nature of accusation, let the above named petitioner be released on bail,
Patna High Court Cr.Misc. No.69173 of 2018(3) dt.03-01-2019 3/3 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Begusarai, in connection with Sahebpur Kamal P.S. Case No. 17/2017.
(Dinesh Kumar Singh, J) Ashwini/- U T