Raj Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48209 of 2019 Arising Out of PS. Case No.-26 Year-2019 Thana- GOPALPUR District- Bhagalpur ====================================================== RAJ KUMAR YADAV Son of Balmiki Yadav Resident of Village - Latra, P.S.- 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 RAJENDRA KUMAR MISHRA ORAL ORDER 04-12-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Gopalpur P.S. Case No. 26 of 2019, registered under Sections 307, 302, 379 and 120(B)/34 of the Indian Penal Code. The accusation is that Md. Nishar, husband of the informant Tamanna Khatoon, on receiving phone from mobile No. 9065363913 on his mobile No. 7505300374 proceeded from house boarding on the motorcycle with Md. Binchi saying that he has been called by Guddu Yadav and Manish Yadav for purchasing of she-buffalo. After some time at about 8.00 A.M. villagers informed to the informant that in villagePokhariya Gopalpur, a dead body is lying sustaining cut injury, who has been identified as Md. Binchi and another dead body

Patna High Court CR. MISC. No.48209 of 2019(4) dt.04-12-2019 2/2 is also lying there. Thereafter, informant reached their and identified her husband Md. Nishar.

Learned counsel for the petitioner submits that informant raised suspicion about murder of his husband and Md. Binchi by the aforesaid named accused and some unknown. The petitioner is not named in the F.I.R. In course of investigation, the name of the petitioner surfaced in the confessional statement of Guddu Yadav having hand in the present occurrence. Moreover, co-accused Guddu Yadav has already been allowed privilege of bail by a co-ordinate Bench of this Court on 16.11.2019 vide Criminal Miscellaneous No. 50791 of 2019. Further submission is that petitioner has no criminal antecedent and he is in custody since 14.05.2019. Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. Chief Judicial Magistrate-I, Naugachia in connection with Gopalpur P.S. Case No. 26 of 2019.

(Rajendra Kumar Mishra, J) manish/- U T