Binodi Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32444 of 2016 Arising Out of PS.Case No. -26 Year- 2007 Thana -ALOULI District- KHAGARIA ====================================================== Binodi Yadav S/o Harilal Yadav, Resident of Village- Bhikhari Ghat, P.S.- Allouli, District- Khagaria.

.... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-09-2016 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted under Sections 452 and 307/34 of the Indian Penal Code and subsequently Section 302 of the Indian Penal Code has been added.

Allegation is that while in the night informant was asleep in his house with wife and kids, some miscreants entered into his house and fired shot upon him. Informant received injury and died in course of treatment.

It has been submitted on behalf of the petitioner that he is in custody since 5.10.2015. Chargesheet has been submitted against the petitioner. No allegation of tampering of witnesses is alleged against the petitioner. Petitioner is not named in the F.I.R or in the protest petition. No substantive evidence has come in course of investigation. Other co-accused have been granted bail vide Annexure-3 to the present application.

On behalf of the State, it is submitted that petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, let the

Patna High Court Cr.Misc. No.32444 of 2016 (3) dt.20-09-2016 2/2 above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of learned Addl. Sessions JudgeIV, Khagaria, in connection with S. T. no. 356B of 2011 arising out of Allouli P.S. Case no. 26 of 2007.

(Sudhir Singh, J) sudip/- U T