Jagarnath Yadav @ Mishraji v. The State Of Bihar
Patna High Court Cr.Misc. No.23173 of 2016 (5) dt.04-08-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.23173 of 2016 Arising Out of PS.Case No. -131 Year- 2014 Thana -JHAJHA District- JAMUI ====================================================== Jagarnath Yadav @ Mishraji Son of Hiro Yadav Resident of Village - Kathbajra, P.S. Jhajha, District - Jamui.
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Satya Prakash Parasar, Adv. For the Opposite Party/s : Mr. Dilip Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-08-2016 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner is languishing in custody since 22.10.2015 in connection with Sessions Trial No. 51 of 2016 arising out of Jhajha P.S. Case No. 131 of 2014 registered for offences under Sections 302and 120(B) of the Indian Penal Code, 27 of the Arms Act and 16, 17 of the U.A.P. Act.
The prosecution story, in brief, is that the father of informant was working under Road Construction Company, and used to return back at evening by using companions motor cycle. His father shared his movement to his villager Shankar Rawat. On 15.07.2014 when the father of the informant did not return back then, he (informant) started searching him with his relatives and as soon as they reached near Bhagawapoor, they seen the dead
Patna High Court Cr.Misc. No.23173 of 2016 (5) dt.04-08-2016 body of his father. The informant suspected that his father had been murdered in conspiracy of the accused persons On behalf of the petitioner it is submitted that the petitioner is in custody since 22.10.2015. Charge-sheet has been submitted in the present case. There is no allegation of tempering of witnesses against the petitioner. Petitioner is not named in the FIR. Neither there is eye-witness to the alleged occurrence nor any circumstantial evidence to suggest his implication in the present case. Other co-accused have been granted bail vide Cr. Misc. No. 9795 of 2016 and 13398 of 2016.
On behalf of the State it has been submitted that the petitioner is named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioner above named, be released 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 Additional District Judge 2, Jamui in connection with Sessions Trial No. 51 of 2016 arising out of Jhajha P.S. Case No. 131 of 2014. (Sudhir Singh, J) Prakash/- U T