Sunil Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5034 of 2020 Arising Out of PS. Case No.-274 Year-2018 Thana- KAUWAKOL District- Nawada ====================================================== SUNIL YADAV S/o Brahmdeo Yadav R/o village- Nawadih, P.S.- Kawakol (Rupau), Distt.- Nawada ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Birendra Kumar For the Opposite Party/s :

Mr.Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 28-05-2020 Heard Mr. Birendra Kumar, learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Kawakol (Rupau) P.S. Case No 274/2018 dated 04.12.2018 instituted for the offence registered under Section 302 of the Indian Penal Code.

The petitioner is stated to be in custody since 16.09.2019.

From the First Information Report, it appears that petitioner and the deceased had gone out of the house but later the dead body of the deceased was found in a field with his throat slit. During the course of investigation, two of the persons, namely, Prema Kumari and Guriya Kumari, who are sisters of the deceased have stated that the deceased had gone

Patna High Court CR. MISC. No.5034 of 2020(4) dt.28-05-2020 2/2 out of his house in the company of the petitioner whereafter, his dead body was found.

It has been submitted on behalf of the petitioner assuming that the petitioner had accompanied the deceased prior to his death, that by itself would not be a clinching evidence for coming to the conclusion that the petitioner had killed the deceased or was behind the killing of the deceased. Thus, the case, according to the petitioner, hinges on suspicion only. It has also been submitted that even the two sisters of the deceased have not attributed any motive to the petitioner nor is there any material in the investigation papers that the petitioner was nursing any grudge against the deceased Considering the nature of accusation against the petitioner and his period of custody, he is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rs. Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate -I, Nawada in connection with Kawakol (Rupau) P.S. Case No 274/2018 (Ashutosh Kumar, J) sunilkumar/- U T