Patna High Court - Orders
Bhushan Yadav vs The State Of Bihar on 24 December, 2014
Author: Prabhat Kumar Jha
Bench: Prabhat Kumar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.30498 of 2014
Arising Out of PS.Case No. -10 Year- 2013 Thana -BARH District- PATNA
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1. Bhushan Yadav Son of Bhikhan Yadav Resident of Village- Soima, P.S.
Barh, District- Patna.
.... .... Petitioner/s
Versus
1. The State of Bihar
.... .... Opposite Party/s
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with
Criminal Miscellaneous No.46187 of 2014
Arising Out of PS.Case No. -10 Year- 2013 Thana -BARH District- PATNA
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1. Bhimal Yadav Son of Late Ramjoit Yadav resident of village- Sojama,
P.S.- Barh, District- Patna
.... .... Petitioner/s
Versus
1. The State of Bihar
.... .... Opposite Party/s
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Appearance :
(In Cr.Misc. No.30498 of 2014)
For the Petitioner/s : Mr. Ashok Kumar Kashyap, Advocate
For the Opposite Party/s : Mr. Md. Aslam Ansari (APP)
(In Cr.Misc. No.46187 of 2014)
For the Petitioner/s : Mr. Manoj Kumar Pandey, Advocate
For the Opposite Party/s : Mr. Ram Naresh Rai (APP)
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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR
JHA
ORAL ORDER
3 24-12-2014Heard both sides.
The petitioners seek bail in Barh P.S. Case No. 10 of 2013, registered for the offences punishable under Sections 302, 325, 323, 341, 149, 148, 147 of the Indian Penal Code and 27 of the Arms Act.
The informant named seven persons and alleged that they having armed with different weapons came and took her Patna High Court Cr.Misc. No.30498 of 2014 (3) dt.24-12-2014 2 father-in-law and husband. Ashok Yadav fired on her father-in- law and Suli Yadav fired on her husband Nunulal Yadav.
Learned counsel for the petitioners submits that the name of the petitioners figured in the case during course of investigation. The police took his confessional statement, except the confessional statement there is no other tangible material to show the involvement of the petitioners. So far as the name of Bhimal yadav is concerned, his name comes in the confessional statement of Bhushan Yadav and there is absolutely no evidence against the petitioners.
Learned A.P.P. pointed out that Bhimal Yadav got criminal antecedent.
Having considered the fact that the petitioners are not named in the First Information Report and on mere confession their names came but the police did not collected any tangible material to show their involvement in the alleged murder, the above named petitioners are directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Ad hoc Additional Sessions Judge-II, Barh, Patna in connection with Barh P.S. Case No. 10 of 2013.
(Prabhat Kumar Jha, J) P.K./-
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