Kailash Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9424 of 2015 Arising Out of PS.Case No. -349 Year- 2014 Thana -AURANGABAD TOWN DistrictAURANGABAD ====================================================== Vinay Kumar Gupta, Son of Late Mohan Prasad Gupta, Resident of village - Kara, P.S. Obera, District - Aurangabad .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== With Criminal Miscellaneous No.15776 of 2015 Arising Out of PS.Case No. -349 Year- 2014 Thana -AURANGABAD TOWN DistrictAURANGABAD ====================================================== Kailash Yadav, Son of Late Phulchand Yadav, Resident of Village- Lal Bigha, P.S.- Aurangabad Town, District- Aurangabad (Bihar) .... .... Petitioner/s

Versus

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

(In Cr.Misc. No.9424 of 2015) For the Petitioner/s : Mr. Rajeshwar Singh For the Opposite Party/s : Mr. Nagendra Pd.(App) (In Cr.Misc. No.15776 of 2015) For the Petitioner/s : Mr. Sanjay Kumar For the Opposite Party/s : Mr. B.N. Pandey, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 27-04-2015 Heard both sides.

The petitioners in Cr. Misc. No. 9424/2015 and Cr. Misc. No. 15776/2015 seek bail in Aurangabad Town P.S. Case No. 349/2014 under Section 396 of the Indian Penal Code. Dr. Anil Kumar, the informant, alleged that four criminals entered into the house of his father-in-law Mahavir

Patna High Court Cr.Misc. No.9424 of 2015 (3) dt.27-04-2015 2/2 Prasad Gupta. His father-in-law was lying dead on the ground. The informant suspected that the petitioners, who were working as servants in the house, might have committed murder of his fatherin-law. It appears that nothing has been recovered from the possession of the petitioners. On perusal of the post-mortem report, it appears that some superficial injuries like scratch were found on the body of the deceased and the doctor did not find those injuries sufficient for causing death. Except the confessional statement, there appears no tangible evidence to show the involvement of the petitioners in the crime.

Considering the facts aforesaid, the above named petitioners are 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 Chief Judicial Magistrate, Aurangabad in Aurangabad Town P.S. Case No. 349 of 2014.

(Prabhat Kumar Jha, J) Dilip/- U T