Palori Yadav @ Subodh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61280 of 2019 Arising Out of PS. Case No.-17 Year-2017 Thana- SAHEBPUR KAMAL District- Begusarai ====================================================== PALORI YADAV @ SUBODH YADAV S/o Late Ramotar Yadav R/o villageAahoghat (Kriti Tola), P.S.- Sahebpur Kamal, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bipin Kumar For the Opposite Party/s :

Mr.Sucheta Yadav ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 14-11-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner is in custody since 21.06.2019 in connection with Sahebpur Kamal P.S. Case No. 17 of 2017 registered for the offence punishable under Sections 302/201/120(B) of the Indian Penal Code.

Learned counsel for the petitioner submits that the name of the petitioner is not present in the F.I.R. but, subsequently, during the course of investigation, one of the witnesses stated that the deceased was seen going along with the petitioner. He thus submits that, at best, it can be a case of last seen and there is no person who has actually seen the occurrence. He further submits that the main accused persons named in the F.I.R. have since been extended the privilege of bail vide order dated 06.09.2017 passed in Cr. Misc. No. 30323

Patna High Court CR. MISC. No.61280 of 2019(2) dt.14-11-2019 2/2 of 2017, order dated 11.01.2018 passed in Cr. Misc. No. 55890 of 2017, order dated 02.02.2018 passed in Cr. Misc. No. 187 of 2018, order dated 30.03.2018 passed in Cr. Misc. No.9078 of 2018, order dated 27.04.2018 passed in Cr. Misc. No. 24376 of 2018, order dated 25.09.2018 passed in Cr. Misc. No. 48632 of 2018 and order dated 03.01.2019 passed in Cr. Misc. No. 69173 of 2018. Learned counsel for the petitioner further submits that save and except one other criminal antecedent, the petitioner has a clean antecedent.

Having considered the entire facts and circumstances of the case and that the petitioner is not a named accused in the FIR and other persons named in the FIR have been granted the privilege of bail, let the petitioner 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 Additional District Judge-V, Begusarai, in connection with Sahebpur Kamal P.S. Case No. 17 of 2017. (Anjana Mishra, J) Saif/- U T