Upendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44152 of 2019 Arising Out of PS. Case No.-333 Year-2018 Thana- GHOSI District- Jehanabad ====================================================== 1.

Upendra Yadav Son of Late Chaneshwar yadav Resident of Village - Ratan Bigha, P.s.- Ghoshi, Dist.- Jehanabad.

2.

Ram Pravesh Yadav Son of Late Chaneshwar Yadav Resident of Village - Ratan Bigha, P.s.- Ghoshi, Dist.- Jehanabad.

3.

Birendra Yadav @ Birendra Kumar Son of Late Chaneshwar Yadav Resident of Village - Ratan Bigha, P.s.- Ghoshi, Dist.- Jehanabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs.Babita Kumari For the Opposite Party/s :

Mr.Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-07-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seeks bail in a case registered under Section 302/34 of the Indian Penal Code.

Prosecution case, in short, is that on 25.08.2018 while the informant was at her maike, she received information about killing of her mother-in-law and her dead body has been thrown on village road. She suspected that the accused persons have killed her mother-in-law because there was previous land dispute between the petitioners and the deceased. It has been submitted on behalf of the petitioners that the

Patna High Court CR. MISC. No.44152 of 2019(2) dt.19-07-2019 2/2 petitioners are in custody since 6.4.2019 and have got no criminal antecedent. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have been made accused merely on the basis of suspicion. Except for suspicion, there is no other substantive evidence to suggest their implication in the present case. There is no circumstantial evidence to show the participation of the petitioners in the alleged occurrence. The informant is not an eye witness to the alleged occurrence. On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate 1st, Jehanabad in connection with Ghosi (Okari) P.S. case No.333 of 2018.

(Sudhir Singh, J) Narendra/- U T