Dharmendra Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30775 of 2016 Arising Out of PS.Case No. -335 Year- 2014 Thana -GHOSI District- JEHANABAD ======================================================

1. Dharmendra Yadav

2. Doman Prasad Both sons of Late Nasib Yadav resident of village Uber P.S. Ghosi District Jehanabad.

.... .... Petitioners

Versus

1. The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Paras Nath For the Opposite Party/s : Mr. Sri Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-09-2016 Heard learned counsel for the petitioners, learned counsel for the informant and learned counsel for the State. The petitioners are languishing in custody in connection with Ghosi P.S. Case No. 335 of 2014 for the offence instituted under Section 302/34 of the Indian Penal Code. The allegation against the accused persons including the petitioners is that they killed the mother-in-law of the informant with a view to grab her landed property.

It has been submitted on behalf of the petitioners that the petitioners are in custody since 01.06.2016. The charge sheet has been submitted in the present case. The petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners are

Patna High Court Cr.Misc. No.30775 of 2016 (3) dt.14-09-2016 2/2 suspected to have committed the alleged offence as the deceased had executed a deed of Will in favour of the petitioners. There is no eyewitness to the alleged occurrence nor there is any circumstantial evidence to suggest the implication of the petitioners in the present case. Except for the alleged motive, there is no other material against the petitioners to show their implications in the present case.

On behalf of the state and informant, it has been submitted that the petitioners are named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Jehanabad, in connection with Ghosi P.S. Case No. 335 of 2014.

(Sudhir Singh, J.) Amit/- U T