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Patna High CourtCR. MISC./44811/2015bail granted

Anil Yadav v. The State Of Bihar

2016-01-25Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44811 of 2015 Arising Out of PS.Case No. -181 Year- 2014 Thana -BHORE District- GOPALGANJ ======================================================

1. Anil Yadav, Son of Krishna Yadav, resident of village- Bakheriya, P.S.- Bhorey, District- Gopalganj.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Saroj Kumar For the Opposite Party/s : Mr. A.L.Pandit (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 25-01-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is named in the first information report but informant is not an eye witness of the alleged occurrence and according to statement of the informant, he came to know about the alleged occurrence from witness, Yogendra Yadav whose statement has been recorded at para-29 of the case diary. The witness, Yogendra Yadav stated that at the time of alleged occurrence he was sitting at a wine shop and heard the noise of murder and after that when he reached near the shop of one Lal Badan Sharma, he saw the petitioner and others entering into the vehicle.

It appears from the statement of aforesaid witness as

Patna High Court Cr.Misc. No.44811 of 2015 (3) dt.25-01-2016 2/2 well as perusal of the case diary that none has seen the actual killing of the deceased and witnesses have claimed only to have seen the petitioner and others fleeing from the place of occurrence. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner 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 Sri Ashish Mishra, Judicial Magistrate 1st Class, Gopalganj in connection with Bhorey P.S. Case No. 181 of 2014. (Hemant Kumar Srivastava, J) SHAHZAD/- U T