Sanjiwan Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.53210 of 2016 Arising Out of PS.Case No. -447 Year- 2016 Thana -KHAGARIA District- KHAGARIA ======================================================
1. Sanjiwan Yadav, S/o Surendra Yadav, Resident of village - Kumarchakki, P.S. Muffasil, District - Khagaria .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Binod Kumar, Advocate For the Opposite Party/s : Mr. Dilip Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 08-12-2016 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner is languishing in custody in connection with Khagaria (Muffasil) P.S. Case No. 447 of 2016 for the offences punishable under Section 302/120B/34 of the Indian Penal Code and Section 27 of the Arms Act.
When the informant got information that her husband had been killed by causing fire-arm injury, she rushed to the spot and found his dead body. Thereafter, she suspected against seven F.I.R. named accused persons. The petitioner is not amongst those. During investigation in the confessional statement of co-accused Tunish Yadav the name of the petitioner transpired. Tunish Yadav stated that he had love affairs with the informant
Patna High Court Cr.Misc. No.53210 of 2016 (2) dt.08-12-2016 2/2 and to implement his desire he finished the deceased with the help of his criminal associates.
Considering the fact that there is no material against the petitioner except the confessional statement of coaccused, which has no evidentiary value in the eye of law, let petitioner, above named, 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 learned Chief Judicial Magistrate, Khagaria/Successor Court, in connection with Khagaria (Muffasil) P.S. Case No. 447 of 2016. (Birendra Kumar, J) Mkr./- U T