Dhanesh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.1247 of 2018 Arising Out of PS.Case No. -183 Year- 2017 Thana -BIHIYA District- BHOJPUR ======================================================
1. Dhanesh Yadav, Son of Chhabila Yadav, Resident of Village- Jamua, P.S.- Behea, District- Bhojpur (Ara).
.... .... Appellant/s
Versus
1. The State of Bihar.
.... .... Respondent/s ====================================================== Appearance :
For the Appellant/s : Mr.
For the Respondent/s : Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 28-05-2018 Heard learned counsel for the appellant and learned counsel for the State.
This appeal u/S 14A (ii) of the SC/ST (Prevention of Atrocities) Act has been preferred against the order dated 21-02-2018 passed in SC/ST Case No. 484 of 2017 corresponding to Behea P.S. Case No. 183 of 2017.
There is no witness of the occurrence of murder of father of the informant. However, strong suspicion is there against the appellant for the reason that the pant of the petitioner was found blood stained and the sword, used in commission of murder, was also recovered from possession of the appellant.
Submission is that the appellant is in custody since 16-052017. The motive alleged for commission of the crime by the
Patna High Court CR. APP (SJ) No.1247 of 2018 (4) dt.28-05-2018 appellant is not acceptable because the deceased had already returned Rs. 40,000/- (forty thousand) of loan amount and he had given in writing to pay the remaining amount to the appellant. Hence there was no reason to commit his murder. The appellant has got no criminal antecedent.
Learned counsel for the informant opposed the prayer for bail.
Considering the facts that only material against the appellant is suspicion, let the appellant named above be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount to the satisfaction of learned Additional District & Sessions Judge-Ist, Ara, Bhojpur in SC/ST Case No. 484 of 2017 corresponding to Behea P.S. Case No. 183 of 2017. (Birendra Kumar, J) A.K.V./- U T