Patna High CourtCR. MISC./38202/2014bail granted

Ashok Yadav And ANR. v. The State Of Bihar

2015-01-21Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38202 of 2014 Arising Out of PS.Case No. -117 Year- 2014 Thana -GOPALPUR District- BHAGALPUR ======================================================

1. Ashok Yadav Son of Late Buttan Yadav

2. Mant Lal Yadav Son of Late Basudeo Yadav Both residnet of villageBhawanipur, P.S.- Gopalpur (Rangra), District- Bhagalpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sunil Kumar Singh, Advocate. For the Opposite Party/s : Mr. Ramsewak Choudhary(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 21-01-2015 Heard both sides.

The petitioners seek bail in Gopalpur (Rangra) P.S. Case No. 117 of 2014, registered for the offences punishable under Section 364 and other Sections of the Indian Penal Code. The informant alleged that Putul Yadav took his brother Munna Yadav to Bhagalpur for participating in nominations of Bilo Mandal, but his brother did not return. The informant suspected the hands of the petitioners and others. Learned counsel for the petitioners submits that the informant is not an eye witness of the occurrence. He named the petitioners on mere suspicion. Even during the course of investigation, Guria Devi the sister-in-law and mother of the

Patna High Court Cr.Misc. No.38202 of 2014 (3) dt.21-01-2015 victim disclosed the same facts. The investigating officer has not collected any other tangible evidence to show the involvement of the petitioner. Except suspicion there is no material on record. The petitioner is in jail since 09.04.2014.

On perusal of record, it appears that the informant as well as his family members has only suspected the hands of the petitioners in kidnapping, but except suspicion there is no material to show the involvement of the petitioner in kidnapping of Munna Yadav.

Considering the facts aforesaid, the petitioners are directed to be enlarged 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 Additional Chief Judicial Magistrate, Naugachia, Bhagalpur in connection with Gopalpur (Rangra) P.S. Case No. 117 of 2014.

(Prabhat Kumar Jha, J.) KKSINHA/- U T