Chandan Yadav @ Chandan Kumar @ Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20522 of 2015 Arising Out of PS.Case No. -19 Year- 2015 Thana -KATORIA District- BANKA ====================================================== Chandan Yadav @ Chandan Kumar @ Yadav S/o Tagdho Yadav, Resident of village- Malbathan, P.S.- Katoria, District- Banka .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 16-09-2015 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Katoria P.S. Case No. 19 of 2015 registered under Sections 302/34, 120(B) of the I.P.C. and section 3/4/5 of the Explosive Substance Act.

Learned counsel appearing on behalf of the petitioner submits that it would appear from the F.I.R. itself that informant Sujata Devi, wife of the deceased, is not eye witness of the occurrence rather she reached at the place of occurrence on receiving information from others. Kabita Devi, her brothers and others are eye witness of the occurrence, but Kabita Devi in her statement, as detailed in paragraph no.57 of the case diary, only stated that miscreants had gone to the shop of this petitioner and

Patna High Court Cr.Misc. No.20522 of 2015 (3) dt.16-09-2015 2/2 took Gutka. It is further submitted that petitioner is accused in one another case, as detailed in paragraph no.3 of the petition, in which he is on bail and in the present case, petitioner is in custody since 27.01.2015.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the J.M., First Class, Banka in connection with Katoria P.S. Case No. 19 of 2015.

(Rajendra Kumar Mishra, J.) Shail/- U T