Ganori Yadav v. The State Of Bihar
Patna High Court Cr.Misc. No.9795 of 2016 (2) dt.01-03-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.9795 of 2016 Arising Out of PS.Case No. -131 Year- 2014 Thana -JHAJHA District- JAMUI ======================================================
1. Ganori Yadav Son of Late Parmeshwar Yadav resident of Village - Rajpura, Police Station and District - Jamui. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pankaj Kumar Sinha For the Opposite Party/s Dr. Rabindra Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 01.03.2016 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.
Petitioner is not named in the first information report but from perusal of the impugned order, it appears that the name of the petitioner came in this case at para 32 of the case diary in which statement of one witness, namely, Vikram Yadav has been incorporated by the I.O and the aforesaid witness stated that the petitioner and two others were nexalites and after that spy of the police also disclosed the name of the petitioner. Furthermore, I find at para 99 of the case diary that co-accused Sunil Yadav confessed his guilt disclosing the name of the petitioner and except the aforesaid material as well as criminal antecedent, there appears to be nothing against him.
No doubt, it is a serious case of murder but admittedly, not a single prosecution witness has claimed to have seen the petitioner
Patna High Court Cr.Misc. No.9795 of 2016 (2) dt.01-03-2016 committing the alleged crime nor I.O succeeded to collect any circumstantial evidence to show involvement of the petitioner in the alleged crime.
Accordingly, petitioner is directed to be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Sub divisional Judicial Magistrate, Jamui in Jhajha P.S. Case no. 131/2014. shahid (Hemant Kumar Srivastava,J) U T