Kamala Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43151 of 2014 Arising Out of PS.Case No. -165 Year- 2013 Thana -BRAHMPUR District- BUXAR ====================================================== Kamala Yadav, Son of Atwaru Yadav, Resident of Village - Saiya Dera, Police Station - Shahpur, District - Bhojpur .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Damodar Prasad Tiwary, Advocate For the Opposite Party: Mr. Ganesh Pd. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 03-03-2015 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 13.08.2014 in connection with Brahmpur (Nainijore) P.S. Case No. 165 of 2013 for the offences alleged under Section 302 read with section 34 of the Indian Penal Code and Section 27 of the Arms Act.

3. It is submitted that the first information report is against unknown person and the petitioner has merely been implicated only on the basis of the statement of the witness made in paragraph 38 of the case diary. It is further stated that in similar circumstances, co-accused, namely, Sitaram Yadav and Sukhdeo Yadav have been granted bail by a Bench of this Court in Cr. Misc. No.51816 of 2013.

4. Having regard to the entirety of the facts and

Patna High Court Cr.Misc. No.43151 of 2014 (3) dt.03-03-2015 2/2 circumstances of the case, let the petitioner (Kamla Yadav) be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar in connection with Brahmpur (Nainijore) P.S. Case No.165 of 2013. (Vikash Jain, J) B.T/- U