Bhutta Yadav @ Bhuta Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.12358 of 2015 (3) dt.10-04-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12358 of 2015 Arising Out of PS.Case No. -500 Year- 2014 Thana -NAUBATPUR District- PATNA ====================================================== BHUTTA YADAV @ BHUTA YADAV, SON OF JAI MANGAL YADAV @ MANGARU, RESIDENT OF VILLAGE - TISKHORA, P.S. NAUBATPUR, DISTRICT - PATNA.

.... .... PETITIONER/S

VERSUS

THE STATE OF BIHAR .... .... OPPOSITE PARTY/S ====================================================== Appearance :

For the Petitioner/s : Mr. Usha Kumari Singh For the Opposite Party/s : Mr. B.Ram(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 10-04-2015 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Naubatpur P.S. Case No. 500 of 2014 registered under Sections 302 and 201/34 of the Indian Penal Code and Section 3(2) (V) of the SC/ST Act.

The allegation of informant, Subodh Manjhi, is that on 24.09.2014, hot talk was exchanged between his brother, Shyam Devo Manjhi with the petitioner, Madhuri Madhuria and Ganauri Mahto. In the evening, brother of informant was called by the petitioner and two others and thereafter the dead body of his brother was found on 27.09.2014 in the drain. Informant met with

Patna High Court Cr.Misc. No.12358 of 2015 (3) dt.10-04-2015 Sanjay Kumar, husband of Mukhiya, who suggested to enquire about the assailant of the deceased prior to lodging the case, thereafter, the dead body was buried on 28.09.2014. Learned counsel for the petitioner submits that it would appear from the F.I.R. that the informant is not the eye witness of the occurrence about carrying his brother, Shyam Devo Manjhi and the informant was also not assured about the assailant of the deceased till 29.09.2014. It is also submitted that during course of investigation except suspicion nothing has been collected by the Investigating Officer against the petitioner. It is further submitted that petitioner has no criminal antecedent and is in custody since 08.10.2014.

Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the J.M. Ist Class, Danapur, Patna, in connection with Naubatpur P.S. Case No. 500 of 2014.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T