Madan Yadav @ Madfan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15001 of 2015 Arising Out of PS.Case No. -7 Year- 2009 Thana -DHIBRA District- AURANGABAD ====================================================== Madan Yadav @ Madfan Yadav S/o Rambaran Yadav resident of Village - Dulare, P.S. - Dibra, District - Aurangabad.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Bhaskar Shankar For the Opposite Party/s : Mr. P.K.Chaurasiya(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 18-05-2015 Heard learned counsels for the petitioner and the State.

The petitioner is languishing in custody since 19.02.2015 in a case registered for the offences punishable under Sections 302, 201, 120B/34 of the Indian Penal Code and 17 of Criminal Law Amendment Act.

The prosecution case is that the informant was sitting with his brother at the door when the accused persons including the petitioner took the brother of the informant and subsequently killed him.

It is submitted by learned counsel for the petitioner that the accusation is omnibus and general. As per the own admission of the informant he is not eye witness to the actual

Patna High Court Cr.Misc. No.15001 of 2015 (02) dt.18-05-2015 2/2 occurrence. On recovery of the dead body the FIR was registered and only on suspicion the petitioner has been roped in as a conspirator. A statement has been made in para 3 of the petition that the petitioner has no criminal antecedent and investigation has already concluded when co-accused Vikash Yadav, Vijay Yadav Son of Udhochand Yadav and Vijay Yadav Son of Udho Chandar Yadav have been granted bail vide Cr. Misc. Nos. 40258 of 2012, 29441 of 2010 and 11623 of 2010.

Considering the aforesaid facts, let the above named petitioner, 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 Chief Judicial Magistrate, Aurangabad in connection with Dhibra P.S. Case No. 07 of 2009. The learned court below will be at liberty to cancel the bail bonds of the petitioner, if he substantially gets involved in some serious nature of offence or defaults for two consecutive occasions.

(Dinesh Kumar Singh, J) DKS/- U T