Bharat Bhushan Yadav @ Bharat Bhushan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37335 of 2015 Arising Out of PS.Case No. -149 Year- 2012 Thana -PANDAUL District- MADHUBANI ======================================================

1. Bharat Bhushan Yadav @ Bharat Bhushan, son of Sri Lekhnath Yadav, resident of Village- Baturi, P.S.- Pandaul, District- Madhubani. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ravi Ranjan For the Opposite Party/s : Mr. Kumar Virendra Narayan (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 25-08-2015 Heard both sides.

The petitioner seeks bail in a case registered for the offences punishable under sections 302 and other allied sections of the Indian Penal Code, 27 of the Arms Act and 3/5 of the Explosive Substance Act.

The petitioner is not named in the F.I.R. The informant named many persons who attacked his house, killed four persons but did not name the petitioner. The informant in his further statement disclosed that it was the petitioner who had advised the accused to get a case lodged against him by his daughter-in-law so that he may be sent to jail and thereafter commit the crime. Except the aforesaid fact, no other allegation is made against the petitioner. The petitioner had

Patna High Court Cr.Misc. No.37335 of 2015 (2) dt.25-08-2015 earlier moved for anticipatory bail but his anticipatory bail application was dismissed only because the petitioner had got criminal antecedent.

On the other hand, learned counsel for the informant and learned A.P.P. vehemently opposed the prayer but could not be able to show any tangible material against the petitioner with regard to his participation in the alleged killing of four persons.

Considering the facts aforesaid, the petitioner above named, 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 Judicial Magistrate, 1st Class, Madhubani in connection with Pandaul P.S. Case No. 149 of 2012.

(Prabhat Kumar Jha, J) Amin/- U