Kailash Yadav @ Sadhu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57449 of 2021 Arising Out of PS. Case No.-590 Year-2020 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ====================================================== KAILASH YADAV @ SADHU, Son of Late Gurucharan Yadav Resident of Muhalla- Hanuman Path, Tilkamanjhi, P.S.- Tilkamanjhi, District- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Diwakar Upadhyaya, Advocate For the Opposite Party/s :

Mr.Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 30-03-2022 Heard learned counsel for the parties.

Petitioner seeks bail in a case registered for the offence punishable under Section 302 of the Indian Penal Code and Section 27 Arms Act.

Informant is the widow of deceased who in her written complaint has alleged that her husband was posted in Jawahar Lal Nehru College girls hostel as a private guard of Altas Company. On 06.10.2020 in the evening at 7:00 P.M. her husband went on duty and informed at 9:00 P.M., that he reached safely and is on duty and on 07.10.2020 at 3 P.M. she received information that her husband has been killed. FIR is against unknown persons. During investigation it has come that Kailash Yadav (petitioner) with his two associates were seen

Patna High Court CR. MISC. No.57449 of 2021(2) dt.30-03-2022 2/2 fleeing from the hostel and on basis of which he was apprehended and he has also confessed his involvement in crime.

It has been submitted on behalf of the petitioner that he is innocent and has been falsey implicated in this case only on the basis of suspicion, except his confessional statement there is no any other incriminating material found against him. Petitioner is in custody since 30.05.2021.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Kotwali (Tilkamanjhi) P.S. Case No. 590/2020 with following conditions:-

(1) Both the bailors shall be the resident of territorial jurisdiction of the learned court-below.

(2) The petitioner shall fully cooperate with the investigation / trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (S. Kumar, J) Rajiv/veenaU T