Bhushan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19630 of 2015 Arising Out of PS.Case No. -36 Year- 2004 Thana -ATRI District- GAYA ======================================================

1. Bhushan Yadav. Son of Late Jageshwar Yadav. Resident of village - Nimchak, Police Station - Nimchak Bathani, District - Gaya. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Bindhyachal Rai For the Opposite Party/s : Mr. B.M.P.Sinha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 15-06-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 302 and 120B/34 of the Indian Penal Code and Section 27 of the Arms Act.

Allegation has been made that the deceased has been killed on the day of occurrence and after eight months the mother of the victim disclosed the name of the petitioner making statement that petitioner and others dragged the deceased from the bus and killed him.

It appears that for eight months the petitioner was not named before the police. Earlier petitioner was granted anticipatory bail by this Court vide Cr. Misc. No.29651 of

Patna High Court Cr.Misc. No.19630 of 2015 (2) dt.15-06-2015 2008 subject to submission of the charge sheet and after submission of the charge sheet he surrendered before the court below.

Having considered the facts and circumstances of the case, let petitioner, Bhushan Yadav, 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 the Additional Sessions Judge Vth, Gaya in Sessions Trial No.148 of 2014, arising out of Atri P.S. Case No.36 of 2004. (Shivaji Pandey, J) Vinay/- U T