Sanjay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43005 of 2019 Arising Out of PS. Case No.-1 Year-2019 Thana- BIHARSHARIF RAIL P.S. District- Patna ====================================================== SANJAY YADAV, Male, aged about 42 years, Son of Chando Yadav, Resident of Village - Rampur Baignabad, P.S.- Bihar Dist.- Nalanda. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Raj Kishor Prasad, Advocate.

For the Opposite Party :

Mr.Shyam Bihari Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-07-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is languishing in custody since 23.01.2019 in a case for the offence registered under Sections 302 and 201 of the IPC.

The prosecution story, in brief, is that the informant's elder brother deceased Madan Kumar was murdered and thrown near chart of Southern Railway from Railway Station Bihar Sharif. The informant is in full confidence that some unknown persons killed his brother and thrown in Railway Chart, Bihar Sharif. The deceased was working in Electric Department, Bihar Electric Board, Nai Sarai Section, Bihar Sharif, Nalanda. It has been submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in the

Patna High Court CR. MISC. No.43005 of 2019(2) dt.15-07-2019 2/2 present case. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. There is no eye witness to the alleged occurrence. The only material against the petitioner is self confession before the police. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in the present case. There is no recovery of any incriminating article from possession of the petitioner. On behalf of the learned counsel for the State, it has been submitted that the petitioner is not named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. Railway Patna, in connection with G.R.P. Bihar Sharif P.S. Case No. 01 of 2019.

(Sudhir Singh, J) U.K./- U T