Yogendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45151 of 2019 Arising Out of PS. Case No.-166 Year-2018 Thana- IMAMGANJ District- Gaya ====================================================== Yogendra Yadav, aged about 35 years, Male son of Ramu Yadav, resident of village- Paini, P.S.- Imamganj, District- Gaya ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Sanjay Kumar, Advocate For the Opposite Party :

Mr. Ajay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 06-11-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed this application for bail in connection with Imamganj P.S. Case No. 166 of 2018 registered for the offence under Sections 302, 201 and 34 of the Indian Penal Code.

As per the allegation in the FIR, co-accused Dinesh Paswan and Vijay Paswan are said to have taken the father of the informant on a tempo and it is further stated that on the next day it transpired that the informant's father had been killed. It is submitted by learned counsel for the petitioner that the petitioner is not named in the FIR. There is no eyewitness to the alleged occurrence. The name of the petitioner transpired in the confessional statement of co-accused Jitendra

Patna High Court CR. MISC. No.45151 of 2019(4) dt.06-11-2019 2/2 Paswan and it is stated that Jitendra Paswan has been enlarged on bail by order dated 30.07.2019 passed in Cr. Misc. No. 39115 of 2019. It is further submitted that the petitioner has no criminal antecedent, he is in custody since 08.01.2019 and charge sheet has already been submitted in the case. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including grant of bail to co-accused Jitendra Paswan on whose confessional statement, the name of the petitioner has transpired, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Rupees ten thousand only) with two sureties of the like amount each to the satisfaction of Mr. Gorakh Nath Dubey, learned Judicial Magistrate 1st Class, Sherghati at Gaya in connection with Imamganj P.S. Case No. 166 of 2018.

(Partha Sarthy, J) BT/- U T