Saral Yadav @ Dinesh Yadav @ Dinesh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25232 of 2018 Arising Out of PS. Case No.-2 Year-2018 Thana- NAWANGAR District- Buxar ====================================================== Saral Yadav @ Dinesh Yadav @ Dinesh Kumar Singh, Son of Late Kanhaiya Singh Resident of Village- Baijnathpur, Police Station- Nawanagar, DistrictBuxar. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Om Prakash For the Opposite Party/s :

Mr. Yogendra Kr. Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 25-06-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner, already in custody, seeks bail in connection with Nawanagar P.S. Case No. 02 of 2018 registered under Sections 302/34 of the Indian Penal Code.

Allegation in brief is that the father of the informant was running a brick kiln with partnership of the petitioner and petitioner owned Rs.7,00,000/- from him but did not want to pay that amount, so the petitioner along with another co-accused assaulted the father of the informant at the brick kiln by a piece of brick causing injury on his face as a result he succumbed to the injury.

Learned counsel for the petitioner submits that there is no eye-witness in this case, the informant too is not the eye-

Patna High Court Cr.Misc. No.25232 of 2018(3) dt.25-06-2018 2/2 witness, merely on suspicion and due to partnership dispute, the petitioner has falsely been implicated in this case, the petitioner has no criminal antecedent and another co-accused Pappu Kumar was already admitted to bail by a co-ordinate Bench of this Court vide Cr. Misc. No.19251 of 2018; whereas the learned counsel for the State submits that it is a case of circumstantial evidence. Having considered the aforesaid facts and circumstances, petitioner Saral Yadav @ Dinesh Yadav @ Dinesh Kumar Singh is directed to 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 learned CJM, Buxar in connection with Nawanagar PS Case No.02 of 2018 with following conditions:

(1) One of the bailors must be the close family member of the petitioner.

(2) The petitioner shall remain physically present on each and every date before the trial court and if he absents himself on two consecutive dates without any reasonable cause, his bail bond shall liable to be cancelled.

(Arun Kumar, J) S.KUMAR/- U T