Dharmraj Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44529 of 2015 Arising Out of PS.Case No. -251 Year- 2013 Thana -BAKHTIYARPUR District- PATNA ======================================================

1. Dharmraj Yadav Son of Sri Narshingh Yadav R/o Village Rani Sarai, P.S. Bakhtiyarpur, District Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nand Kishore Prasad Ii For the Opposite Party/s : Mr. Bhanu Pratap Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 18-01-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State as also heard learned counsel, appearing for the informant.

Petitioner is named in the first information report on the accusation that he took the deceased and subsequently, dead body of the deceased was found on railway track. The I.O. has collected circumstantial evidence against the petitioner to this extent that some witnesses claimed to have seen the petitioner in the company of the deceaserd, prior to the alleged occurrence and furthermore, the tower location of mobile of the petitioner as well as the deceased was found at Bakhtiyarpur on the alleged date of occurrence, which is evident from perusal of paragraph-82 of the case diary. Furthermore, it is an admitted case of the prosecution

Patna High Court Cr.Misc. No.44529 of 2015 (3) dt.18-01-2016 2/2 that the dead body of the deceased was recovered on a railway track situated at Teka Bigha. Paragraph-83 of the case diary goes to show that tower location of mobile No. 9973631237 was found at Teka Bigha at the time of alleged occurrence and the aforesaid mobile stood in the name of one Geeta Devi, who happens to be wife of co-accused, Ravindra Yadav. Co-accused, Ravindra Yadav has already been granted privilege of bail by a coordinate bench of this court.

Considering the aforesaid facts and circumstances of the case as well as submissions of the parties, let the petitioner named above, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Bakhtiyarpur P.S. Case No. 251 of 2013 corresponding to Sessions Trial No. 309 of 2015 to the satisfaction of learned Additional Sessions Judge-IV, Barh, Patna. (Hemant Kumar Srivastava, J) A.K.V./- U T