Santosh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62533 of 2019 Arising Out of PS. Case No.-88 Year-2018 Thana- KASMA District- Aurangabad ====================================================== SANTOSH YADAV Son of Ganauri Yadav Resident of Village - Bhatkurha, P.S.- Kasma, Distt.- Aurangabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Yugal Kishore For the Opposite Party/s :

Mr.Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 25-10-2019 Heard learned counsels for the parties.

The petitioner is languishing in custody since 9.7.2019 in a case registered for the offences punishable under Sections 302 and 201/34 of the I.P.C.

The prosecution case is that the informant claims that her husband was working in Sindri factory and he left his house on 19.10.2018 at 6.00 A.M. for going on duty. On 20.10.2018 at 7.00 A.M., one dead body was found lying when the informant raised suspicion that since the petitioner and co-accused Santosh Yadav took loan from the informant's husband, they have killed him.

It is submitted by learned counsel for the petitioner that except suspicion, there is no basis for levelling accusation against the petitioner. Statement has been made in paragraph 3

Patna High Court CR. MISC. No.62533 of 2019(2) dt.25-10-2019 2/2 of the petition that the petitioner is not having any criminal antecedent. Moreover, other co-accused Kuldeep Ravidas has been granted bail vide order dated 14.5.2019 passed in Cr. Misc. No. 14096 of 2019 by a Co-ordinate Bench of this Court. Learned APP submits that strong suspicion has been raised against the petitioner.

Considering the fact that the accusation is based only on suspicion and the period in custody, coupled with the statement made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM VI, Aurangabad in connection with Kasma P.S. Case No. 88 of 2018. (Dinesh Kumar Singh, J) anil/- U