B. P. Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45510 of 2017 Arising Out of PS.Case No. -289 Year- 2015 Thana -ARA NAWADA District- BHOJPUR ====================================================== B. P. Yadav Son of Kabindra Yadav Resident of Village-Anaith, P.S.-Ara (Nawada), District-Bhojpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sumeet Kumar Singh For the Opposite Party/s : Mr. Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 12-01-2018 Heard the learned counsels for the petitioner and the State.

The petitioner seeks bail in connection with Ara Nawada P.S. Case No. 289 of 2015 dated 14.08.2015 instituted for the offences under Sections 302, 201 and 34 of the Indian Penal Code and Section 27 of the Arms Act.

According to the prosecution case, the son of the informant was murdered by unknown persons. As such, the FIR also was registered against unknown persons. However during the course of investigation, a suspicion was raised against the petitioner that he also might have taken part in killing the deceased. It further appears that someone having the same name as that of the deceased was assaulted by the deceased and others for having misbehaved with a girl. The murder of the deceased appears to have taken place because of that occurrence. From the

Patna High Court Cr.Misc. No.45510 of 2017 (4) dt.12-01-2018 investigation reports, it appears that the implication of the petitioner in the present case is only on the basis of suspicion. There is no direct material against the petitioner to justify his incarceration.

Mr. Sumeet Kumar Singh, learned counsel for the petitioner has informed this Court that charge sheet in this case has already been submitted and in case the petitioner is released on bail, he would not be in a position to tamper with the evidence. The petitioner is in custody since 21.06.2017. One of the co-accused viz. Navin Kumar Singh @ Bittu Kumar Singh has been granted bail by a coordinate Bench of this Court vide order dated 05.02.2016 passed in Cr. Misc. No. 55525 of 2015.

For the aforesaid facts, the petitioner above named is directed to be released on bail on his furnishing bail bond in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhojpur, Ara in connection with Ara Nawada P.S. Case No. 289 of 2015.

(Ashutosh Kumar, J) KKSINHA/- U T