Allowed

Ganesh Yadav @ Ganesh Kumar and Ors. v. The State Of Bihar

Patna HC22 Aug 2014CR. MISC./21808/2014

Case brief

AI extract

What is this about?

The Patna High Court granted bail to three petitioners involved in a murder case where the sole basis of accusation was suspicion and the absence of direct or circumstantial evidence linking them to the deceased.

What did the court decide?

Petitioners directed to be released on bail by furnishing a bond of Rs. 10,000/- each with two sureties of the like amount.

Ganesh Yadav @ Ganesh Kumar and Ors. Vs The State Of Bihar — Bail and Remand | Patna HC (2014)

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Patna High Court Cr.Misc. No.21808 of 2014 (03) dt.22-08-2014

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.21808 of 2014

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Arising Out of PS.Case No. -325 Year- 2013 Thana -KOCH District- GAYA ====================================================== 1. Ganesh Yadav @ Ganesh Kumar 2. Ranju Yadav @ Raj Kumar Yadav 3. Anandi Kumar Yadav .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sunil Kumar Yadav-Advocate For the Opposite Party/s : Mr. Madan Kumar-A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER

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Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor.

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03 22-08-2014

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Surendra Yadav, who was a labour and was engaged at Patna did not return in the night of 20.10.2013. On the following day, his dead body was found and for that the informant Sakaldeo Yadav, his father had suspected involvement of these three petitioners along with his another brother Pintus Yadav as well as an outsider Anil Kumar, in the background of the fact that deceased was working with them at Punjab for the last 4-5 years and when he returned back, these persons raised voice stating that deceased had escaped there from after stealing Rs.10,000/- which, the deceased had undertaken to pay by 21.10.2013. It has also been disclosed that in night of 20.10.2013, the informant had seen these three petitioners along with Pintus Yadav and Anil Kumar

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Patna High Court Cr.Misc. No.21808 of 2014 (03) dt.22-08-2014

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coming to their house and seeing the informant, they slipped.

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It has been submitted on behalf of petitioners that suspicion, however strong cannot substitute the case proved in the background of the fact that although chargesheet has been submitted, none of the witnesses had disclosed that they have seen the deceased in company of petitioners. It has further been submitted that neither there happens to be direct evidence nor circumstantial evidence, save and except the suspicion.

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On the other hand, learned Additional Public Prosecutor opposed the prayer, but fairly concedes.

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Accordingly, petitioners Ganesh Yadav @ Ganesh Kumar, Ranju Yadav @ Raj Kumar Yadav and Anandi Kumar Yadav 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 learned Chief Judicial Magistrate, Gaya in connection with Konch of P. S. Case No.325 of 2013.

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(Aditya Kumar Trivedi, J)

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Vikash/-

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U T

Ganesh Yadav @ Ganesh Kumar and Ors. v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Ganesh Yadav @ Ganesh Kumar and Ors. v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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