Satyendra Yadav @ Satyendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39515 of 2017 Arising Out of PS.Case No. -11 Year- 2017 Thana -MUFFASIL District- AURANGABAD ====================================================== Satyendra Yadav @ Satyendra Singh, Son of Laxuman Yadav, Resident of Village - Chamardiha, Police Station - Aurangabad (Muffassil), DistrictAurangabad. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Tej Narayan Singh, Advocate. For the Opposite Party/s : Mr. Sanjay Kumar Pandey, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 21-08-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Aurangabad (Muffasil) P.S. Case No. 11 of 2017 registered under Sections 302 and 120B of the Indian Penal Code and Sections 25(1-b), 26, 27 and 35 of the Arms Act.

The husband of the informant was murdered near the village school while he had gone for defecation. One country made pistol and a live cartridge and an empty cartridge was found scattered at the place of occurrence. The petitioner along with other accused persons are said to have extended threatening of dire consequences to the deceased over land dispute and Panchayat election preceding to the occurrence.

Patna High Court Cr.Misc. No.39515 of 2017 (2) dt.21-08-2017 2/2 It is submitted by learned counsel for the petitioner that there is no eye witness of the occurrence. The petitioner has been falsely implicated in this case on mere suspicion. There is no specific allegation against the petitioner. There is nothing cogent in the record indicating the complicity of the petitioner in the occurrence. Similarly situated co-accused, namely, Shiv Yadav and Ravindra Yadav have been enlarged on bail by a co-ordinate bench of this court vide order dated 18.07.2017 passed in Cr. Misc. No. 27116 of 2017. The petitioner has been languishing in custody since 27.02.2017.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Aurangabad in connection with Aurangabad (Muffasil) P.S. Case No. 11 of 2017 (Prakash Chandra Jaiswal, J) Mishra/- U T