Naresh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50370 of 2018 Arising Out of PS.Case No. -147 Year- 1994 Thana -BHAWANIPUR District- PURNIA ====================================================== Naresh Yadav, S/o Sri Gunanand Yadav, Resident of Village-Bajraha, P.S. Dhamdaha, District- Purnea.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Sanjay Kumar Singh, Advocate. For the Opposite Party : Mr. S. Ehteshamuddin, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-09-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is languishing in custody since 29.05.2018 in a case for the offence registered under Sections 364/34 of the IPC.

The prosecution story, in brief, is that on 27.07.1994, the brother of the informant, namely, Jaitha Kisku had gone to market but did not come back till 8 P.M. in night. The informant did not find any trace of his brother. The informant has suspected that co-accused Rajo Yadav with his associates, disappearing his brother, killed him due to enmity.

It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent.

Patna High Court Cr.Misc. No.50370 of 2018 (2) dt.13-09-2018 2/2 Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. Except for suspicion, there is no other evidence to suggest the implication of the petitioner in the present case. There is no direct or indirect evidence against the petitioner. Other coaccused Raju Yadav has already been granted bail by the learned court below itself.

On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioner above named, 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 the learned S.D.M., Purnea, in connection with Bhawanipur P.S. Case No. 147 of 1994 arising out of G.R. No. 2169 of 1994.

U.K./- (Sudhir Singh, J) U T