Amit Kumar Yadav @ Layee @ Layi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.75196 of 2018 Arising Out of PS. Case No.-119 Year-2018 Thana- NAWANAGAR District- Buxar ====================================================== Amit Kumar Yadav @ Layee @ Layi, Son of Ramjee Yadav @ Ramjee Singh Yadav, R/o +P.O.-Mahadevganj, P.S. Nawanagar, District-Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Saket Tiwary For the Opposite Party/s :

Mr. Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 17-12-2018 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in Nawanagar P. S. Case No. 119 of 2018 instituted for the offence under Section(s) 302 and 120B/34 of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for petitioner submits that from written report it will be apparent that this petitioner and deceased were close friend. The informant has alleged that her husband has gone with this petitioner on motorcycle. Thereafter, after 2-3 hours they returned back and went to sleep on the roof . In the morning at 5.00 AM the informant received information by her son that her husband sustained

Patna High Court Cr.Misc. No.75196 of 2018(2) dt.17-12-2018 2/2 injury and blood was oozing from his head. Then the informant went on the roof and saw that her husband got gun shot injury near left eye. The informant has raised suspicion that this petitioner had taken an advance of Rs. 50,000/- from her husband and on demand he was not returning the money and, therefore, she suspected that he has committed murder of her husband.

In this manner, there is no specific allegation of overt act against this petitioner.

Petitioner is in custody since 5.7.2018.

Considering the aforesaid, let the petitioner, above named, 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 the CJM Buxar, in connection with Nawanagar P. S. Case No. 119 of 2018 subject to the condition that both the bailors shall be the close relative of the petitioner. (Sanjay Priya, J) shyambihari/- U T