Guddu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50791 of 2019 Arising Out of PS. Case No.-26 Year-2019 Thana- GOPALPUR District- Bhagalpur ====================================================== GUDDU YADAV Son of Bechan Yadav Resident of Village- Latra, Police Station- Gopalpur, District- Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kamlesh Kumar Pathak For the Opposite Party/s :

Mr.Ram Sumiran Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-11-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 307, 302, 379, 120(B) and 34 of the Indian Penal Code.

The prosecution case in brief is that the husband of the informant was made a call on mobile by the petitioner who called at him with a view to purchase and sale of buffalo. The informant's husband proceeded for the same and consequent thereupon, the informant's husband was found with cutting his neck and oozing blood and ultimately, he died. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The

Patna High Court CR. MISC. No.50791 of 2019(3) dt.16-11-2019 2/2 petitioner is in custody since 18-02-2019. Charge sheet has already been submitted. The petitioner has been falsely implicated in the present case. There is no eye witness to the alleged occurrence. It is a case of last seen. Except for suspicion, there is no other substantive evidence to suggest the implication of the petitioner in the present case. There is no circumstantial evidence to suggest the participation of the petitioner in the present case.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, the petitioner named above is directed to 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 learned Additional Chief Judicial Magistrate-Ist, Naugachia in connection with Gopalpur P.S. Case No. 26 of 2019. (Sudhir Singh, J) A.K.V.//- U T