Tun Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.39552 of 2016 Arising Out of PS.Case No. -104 Year- 2015 Thana -BARH District- PATNA ======================================================
1. Tun Yadav Son of Subhash Yadav Resident of Village- Saima, P.S- Barh, Dist- Patna .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rajesh Kumar Sinha For the Opposite Party/s : Mr. Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 28-11-2016 Heard both sides.
The petitioner seeks bail in Barh P.S. case No. 104 of 2015 under Section 302 and other Sections of the Indian Penal Code and under Section 27 of the Arms Act.
The informant alleged that on 20.03.2015 his cousin, Anant @ Antu Yadav had gone to attend the call of nature but he did not return. The informant and others went in search and saw eight persons having armed with different weapons going towards west northern direction. The informant suspected that the accused persons might have killed his brother and concealed his dead body.
The learned counsel for the petitioner submits that save and except suspicion there is no material. None of the witness
Patna High Court Cr.Misc. No.39552 of 2016 (3) dt.28-11-2016 2/2 has come forward to say as to who killed Antu Yadav. Similarly situated accused persons, namely, Putul Yadav, Nandu Yadav and Rabindra Yadav have already been granted bail. Considering the facts aforesaid and the fact that except suspicion the I.O. did not collect any tangible material against the petitioner and similarly situated accused have already been granted bail, 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 Additional Chief Judicial Magistrate, Barh, Patna in Barh P.S. Case No. 104 of 2015.
(Prabhat Kumar Jha, J) BKS/- U T