Heman Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64736 of 2018 Arising Out of PS. Case No.-397 Year-2018 Thana- BARACHATTI District- Gaya ====================================================== 1.

Heman Yadav S/o- Reba Yadav, Resident of Village- Amukhap, P.S.- Barachatti, District- Gaya.

2.

Rajesh Yadav S/o Vasudeo Yadav, Resident of Village- Pakariya, P.S. Barachatti, District- Gaya.

... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioners :

Mr. Sharda Nand Mishra, Advocate Mr. Deepak Kumar, Advocate For the State :

Mr. Zainul Abedin, APP For the informant :

Mr. Arbind Kumar Singh, Advocate Mr. Ramakant Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-09-2019 Supplementary affidavit has been filed on behalf of the petitioners. Same be kept on the record.

Counsel for the petitioners is permitted to make necessary correction in paragraph 3 of the main application in the light of the statement made in the supplementary affidavit in course of the day.

Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in a case registered under Sections 363, 302, 201/34 of the Indian Penal Code. Allegation is that the accused persons including the petitioners committed murder of the informant's father and

Patna High Court CR. MISC. No.64736 of 2018(5) dt.19-09-2019 2/2 threw his dead body inside the well.

It has been submitted on behalf of the petitioners that the petitioner No.1 is in custody since 18.06.2018 and petitioner No.2 is in custody since 19.07.2018. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. The independent witnesses have been examined in paragraph nos.18, 19 and 21 of the case diary, where they have stated that the deceased had gone to collect toddy from the tree, which led to his death. Due to family property dispute, the present case has been instituted. On behalf of the State, it is 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) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Sherghatti, Gaya in connection with Barachatti P.S. case No.397 of 2018 (Sudhir Singh, J) Narendra/- U T