Gautam Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2158 of 2015 Arising Out of PS.Case No. -39 Year- 2009 Thana -SALKHUA District- SAHARSA ======================================================

1. Gautam Yadav Son of Devilal Yadav Resident of Village - Rasalpur, Police Station - Salkhua, District - Saharsa. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar, Advocate. For the Opposite Party/s : Mr. Ajay Kr. 2(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 20-01-2015 Heard both sides.

The petitioner seeks bail in Salkhua P.S. Case No. 39 of 2009, registered for the offences punishable under Section 302 and other Sections of the Indian Penal Code and Section 27 of the Arms Act. The informant lodged the case against unknown and alleged that four persons namely Shailendra Yadav, Fulo Yadav, Chhoti Yadav and Bal Krishna Yadav after seeing him said to take revenge. On the next day his father and mother were found killed. It is submitted that the petitioner is not named in the FIR. It is further submitted that the name of the petitioner figured in the case on mere suspicion.

It appears from the order of the learned Sessions Judge that except suspicion and the criminal antecedent of the

Patna High Court Cr.Misc. No.2158 of 2015 (2) dt.20-01-2015 petitioner, no tangible material is collected during the course of investigation against the petitioner.

Considering the facts aforesaid, the petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saharsa in connection with Salkhua P.S. Case No. 39 of 2009. (Prabhat Kumar Jha, J.) KKSINHA/- U T