Sadanand Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37689 of 2018 Arising Out of PS.Case No. -184 Year- 2018 Thana -NATHNAGAR District- BHAGALPUR ======================================================

1. Sadanand Yadav S/o Late Chandar Yadav, R/o Vill.- Bathoriya, P.S.- Madhusudanpur, District- Bhagalpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 10-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code.

According to FIR, five named persons including the petitioner took the husband of the informant from his house and thereafter dead body of the husband of the informant was recovered.

Submission of the learned counsel for the petitioner is that there is no witness of the actual occurrence of murder. Even if the prosecution allegation is assumed to be correct, a case of circumstantial evidence of 'last seen' is made out. There is no substantiated motive as to why the petitioner would commit

Patna High Court Cr.Misc. No.37689 of 2018 (2) dt.10-07-2018 2/2 murder of the deceased. Petitioner is in custody since 23.03.2018. Investigation of the case is already complete. The petitioner is ready to cooperate with the trial.

Learned counsel for the informant opposed the prayer for bail on the basis of material available on the record. Considering the fact that there is no substantial material against the petitioner to refuse regular bail, hence, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Nathnagar (Madhusudanpur) Police Station Case No. 184 of 2018, subject to the condition that 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 as well as condition that both the bailors shall be resident of within the territorial jurisdiction of the learned court below. (Birendra Kumar, J) Kundan/- U T