Rajesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52376 of 2018 Arising Out of PS.Case No. -330 Year- 2018 Thana -NAWADA District- NAWADA ======================================================

1. Rajesh Yadav, S/o Shukhdeo Yadav, Resident of Village- Jamuawan, P.S.- Nawada (Kadirganj), District- Nawada.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Ram Prawesh Kumar For the Opposite Party/s : Mr. Sri Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-09-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 302, 201 and 120(B) of the Indian Penal Code. The prosecution case, in brief, is that the petitioner along with other accused persons took the husband of the informant towards the field and next day, the dead body of husband of the informant was found wrapped with sand in Sakri river. It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been made accused in this case due to mistake of fact. It is a case of last seen. Except for this, there is no other substantial evidence to suggest the implication of the

Patna High Court Cr.Misc. No.52376 of 2018 (2) dt.10-09-2018 petitioner in the present case. There is no circumstantial evidence also to suggest the implication of the petitioner. There is no eye witness of the alleged occurrence.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawada in connection with Nawada (Kadirganj) P.S. Case No. 330 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V./- U T