Patna High CourtCR. MISC./11125/2015bail granted

Dilip Yadav v. The State Of Bihar

2015-05-25Justice Smt. Anjana Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11125 of 2015 Arising Out of PS.Case No. -38 Year- 2013 Thana -IMAMGANJ District- GAYA ======================================================

1. Dilip Yadav son of Late Ramfal Yadav, resident of village- Loknachak, P.S. Imamganj, Dist- Gaya .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. S. Jamil Akhtar For the Opposite Party/s : Mr. Raj Ballabh Singh(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 25-05-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is in custody since 22.12.2014 in connection with Imamganj P.S. Case No. 38 of 2013 registered for the offences punishable under Sections 302, 120(B)/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner has not been named in the First Information Report lodged by one Meena Devi in connection with murder of her husband Santa Das. Learned Counsel further submits that in fact, there was a land dispute between the deceased and one Dukhu Das and Mahendar Singh and the petitioner has no concern with any occurrence which took place in the night of 26.03.2013 at about 11:15 P.M.

Patna High Court Cr.Misc. No.11125 of 2015 (3) dt.25-05-2015 P2/2 Learned counsel further submits that the name of the petitioner cropped up on the basis of confessional statement one of Lalu Yadav @ Sunil Yadav arrested in connection with Pratappur P.S. Case No. 25 of 2013 and it is on the confessional statement of Sunil Yadav made before the Police which has no evidentiary value that the petitioner name has surfaced on account of the present case.

Considering the aforementioned submissions and the period of custody and also the fact that the petitioner has no criminal antecedent, let the petitioner Dilip Yadav 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 Judicial Magistrate, 1st Class, Shergahti, Gaya in connection with Imamganj P.S. Case No. 38 of 2013.

(Anjana Mishra, J) Saif/- U T