Patna High CourtCR. MISC./85652/2019bail granted

Shyam Babu Yadav v. The State Of Bihar

2020-03-19Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85652 of 2019 Arising Out of PS. Case No.-301 Year-2019 Thana- BIKRAM District- Patna ====================================================== Shyam Babu Yadav Son of Ramdeep Yadav Resident of Village - Raghunathpur, P.S.- Rani Talab, Distt.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kumar Singh, Advocate For the Opposite Party/s :

Mr.Rajeev Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 19-03-2020 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 12.09.2019 in a case registered for the offences punishable under Sections 302 and 201 of the Indian Penal Code. The prosecution case as per the written report of Santosh Kumar submitted to the Station House Officer, Bikram Police Station is to the effect that from 08.09.2019 at 11.00 A.M. the informant's father went missing. It is alleged that the petitioner had illicit relationship with the mother of the informant, Bijanti Devi, who is also accused in the present case and both of them pushed the father of the informant into a water channel and ultimately his dead body was recovered on 11.09.2019.

Patna High Court CR. MISC. No.85652 of 2019(3) dt.19-03-2020 2/2 It is submitted by learned counsel for the petitioner that only suspicion has been raised by the informant and a statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent. Learned APP after going through the case diary submits that the thrust of accusation is against the petitioner. Though the conscience of this Court is shocked by the nature of accusation, but keeping in view the fact that the accusation is based on mere suspicion and investigation has already been concluded, coupled with the statement made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner 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 Additional Chief Judicial Magistrate-VIth, Danapur, District - Patna in connection with Bikram P.S. Case No. 301 of 2019.

(Dinesh Kumar Singh, J) DKS/- U T