Dhanji Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74113 of 2019 Arising Out of PS. Case No.-288 Year-2017 Thana- BIKRAMGANJ District- Rohtas ====================================================== DHANJI YADAV S/o Lalbahadur Yadav R/o Mohalla- Shital Tola, P.S.- Ara Town, District- Bhojpur, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.P.K. Sahi, Sr. Advocate, Mr. Ravindra Kumar For the Opposite Party/s :

Mr.Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-03-2020 Heard learned counsel for the petitioner and learned APP for the State. A supplementary affidavit has been filed on behalf of the petitioner which is kept on record. Learned counsel for the petitioner is permitted to make necessary correction in paragraph 3 of the application in course of the day in the light of statement made in the supplementary affidavit.

The petitioner seeks bail in a case instituted for the offences under Sections 302, 201, 120(B of the Indian Penal Code and 27 of the Arms Act.

The prosecution case in short is that the two dead bodies were recovered which were thrown by the side of the road.

It has been submitted on behalf of the petitioner that

Patna High Court CR. MISC. No.74113 of 2019(3) dt.05-03-2020 2/2 the petitioner is in custody since 21.1.2019. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner is not named in the F.I.R. The name of the petitioner has transpired on the basis of confession of coaccused. Except for this, there is no substantive evidence to suggest his implication in the present case. There is no eye witness to the alleged occurrence nor there is any circumstantial evidence to suggest the participation of the petitioner in the present case.

On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that 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 A.C.J.M., Bikramganj, Rohtas in connection with Bikramganj P.S. Case No. 288/17.

(Sudhir Singh, J) Pankaj/- U T