Kishan Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.62083 of 2018 Arising Out of PS. Case No.-13 Year-2018 Thana- JAIPUR District- Banka ====================================================== Kishan Yadav, Son of Baldeo Yadav, Resident of Village- Dighibandh, Police Station- Jaipur, District- Banka.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Balram Kapri, Advocate For the informant : Mr. Sanjay Kumar Jha, Advocate. Mr. Sanjeev Kumar @ Deepak Sahay, Advocate For the Opposite Party/s :
Smt. Reena Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 11-12-2018 Heard learned counsel for the petitioner, counsel for the informant and learned APP for the State.
Petitioner seeks bail in Jaipur P.S. Case No. 13 of 2018 instituted for the offence under Section(s) 302, 201 and 120B Indian Penal Code.
In the written report it is alleged that one of the villagers informed that dead body of son of the informant is lying near Kalyanpur road. The informant went to the place of occurrence and found his son lying dead. The informant raised suspicion against petitioner and other co-accused persons in the alleged occurrence on account of previous enmity.
Counsel for the informant has appeared and submitted that petitioner has given confessional statement in paragraph-22 of the case diary wherein he has stated that Motorcycle and weapon used in
Patna High Court Cr.Misc. No.62083 of 2018(3) dt.11-12-2018 2/2 the murder of the deceased was kept in the house of the petitioner and the same has been recovered from his house. Counsel for the petitioner submits that in paragraph-22 of the case diary it is mentioned that co-accused Devendra Yadav has kept the weapon used in the murder of the deceased in the house of this petitioner.
In this manner, besides such suspicion and confessional statement of this petitioner recorded by police. There is no allegation of any specific overt act against him.
Petitioner is in custody since 12.4.2018.
In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let 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 the Chief Judicial Magistrate, Banka, in connection with Jaipur P.S. Case No. 13 of 2018, subject to the condition that both the bailors shall be close relative of the petitioner. (Sanjay Priya, J) S.Ali/- U T