Ramjee Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27583 of 2016 Arising Out of PS.Case No. -49 Year- 2014 Thana -JHAJHA District- JAMUI ======================================================

1. Ramjee Yadav, Son of Late Mangan Yadav.

2. Dharam Lal Yadav, Son of Late Permeshwar Yadav. Both are resident of Village - Kordwadih (Chhapa), Police Station - Jhajha, District - Jamui.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ------------ 12-07-2016 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners seek bail in connection with Jhajha P.S. Case No.49 of 2014 registered under Sections 302, 201 and 120(B) of the Indian Penal Code besides Section 27 of the Arms Act.

The accusation is that on 01.04.2014 at about 03.00 P.M., the co-accused Vinod Yadav took Raj Kumar Yadav, the son of the informant, Govind Yadav, on a motorcycle on the pretext to purchase a cow and while in the evening, the co-accused Vinod Yadav returned to his house but the son of the informant

Patna High Court Cr.Misc. No.27583 of 2016 (2) dt.12-07-2016 2/3 did not return and, later on, in course of search, the dead body of the son of the informant was found near Kolwa Ghat. The informant further alleged that these petitioners alongwith three others had come to his door for searching his son and had asked to kill his son within a month.

Learned counsel appearing on behalf of the petitioners submits that it would appear from the F.I.R. that no specific overt act has been attributed to the petitioners and the specific allegation is against the co-accused Vinod Yadav, who had taken the son of the informant on the pretext to purchase a cow. The informant has only raised suspicion against the petitioners saying that these petitioners alongwith three others had come to his door to search his son and had asked to kill him within a month. It is further submitted that similarly situated co-accused Pappu Paswan vide order dated 04.05.2016 passed in Criminal Misc. No.19246 of 2016 has already been granted bail by this Court whereas coaccused Chhoti Yadav vide order dated 05.02.2015 passed in Criminal Misc. No.5060 of 2015 has already been granted bail by a co-ordinate Bench of this Court.

Having regard to the facts and the circumstances of the case, the petitioners, above named, are directed to be released on bail on their furnishing bail bond of Rs.10,000/-(Rupees Ten

Patna High Court Cr.Misc. No.27583 of 2016 (2) dt.12-07-2016 3/3 Thousand) each with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate, Jamui, in connection with Jhajha Police Station Case No.49 of 2014. (Rajendra Kumar Mishra, J) P.S./- U T