High Court granted bail to two petitioners arrested under sections 364, 302 and 201 IPC. Petitioners were directed to release bond with sureties subject to appearing in court.
Released on bail on furnishing bond of Rs. 10,000 each with two sureties of like amount each to the satisfaction of the court below.
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Patna High Court Cr.Misc. No.34365 of 2012 (4) dt.02-01-2013
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.34365 of 2012
====================================================== 1. Birendra Yadav , son of Late Dukha Yadav. 2. Lukho Yadav, son of Mahendra Yadav. Both are resident of Village- Sahora of Police Station-Rangra (Gopalpur), District- Bhagalpur. .... .... Petitioners. Versus The State of Bihar .... .... Opposite Party. CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 4 02-01-2013 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners have been arrested in connection with S.T. No. 761 of 2012 arising out of Gopalpur (Rangra) Police Station Case No. 16 of 2012, registered under Sections 364/34, 302 and 201 of the Indian Penal Code.
There is allegation that Subodh Yadav, Unepdra Yadav, Hiya lal Yadav, Puro Yadav alias Subodh Yadav, Birendra Yadav and Shankar Yadav along with four-five persons who were armed with weapons came and catch hold of Rajesh Singh, son of the informant and took him away. However, the dead body of Rajesh Singh was recovered from the confessional statement of coaccused Upendra Yadav and cause of death found to be asphyxia.
Learned counsel for the petitioners submits that petitioner no. 2 has not been named in the F.I.R. However, his name has find place from further statement of co-accused. There is no
Patna High Court Cr.Misc. No.34365 of 2012 (4) dt.02-01-2013
substantial evidence against these petitioners and also there is no eye witness to the occurrence. The case hinges on last seen of the petitioners with the victim. It is further submitted that petitioner no. 1 is in jail custody since 16. 04. 2012 and petitioner no. 2 is in jail custody since 16. 05.2012.
Having regard to the facts and circumstances of the case, the above named petitioners are directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the Vth Additional Sessions Judge, Naugachia, in the district of Bhagalpur, in connection with S.T. No. 761 of 2012 arising out of Gopalpur (Rangra) Police Station Case No. 16 of 2012, subject to condition that petitioners will appear on each and every date fixed in this case and any absence of the petitioners shall be subject to satisfaction of the court below on reasonable ground.
m.p.
(Gopal Prasad, J)
3 issues framed by the court
Whether petitioners arrested under sections 364, 302, and 201 IPC should be released on bail.
Whether petitioner no. 2, not named in the FIR but appearing in co-accused statement, is liable to be granted bail.
Whether lack of eyewitness and substantial evidence warrants granting bail.
1 provisions across 1 enactments
Birendra Yadav
Lukho Yadav
State of Bihar
Gopal Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
