High Court Patna High Court - Orders

Mithilesh Yadav &Amp; Anr vs State Of Bihar on 2 July, 2010

Patna High Court – Orders
Mithilesh Yadav &Amp; Anr vs State Of Bihar on 2 July, 2010
                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   Cr.Misc. No.7962 of 2010
                  1.MITHILESH YADAV, S/O Ramkawan Yadav,
                  R/O Vill. Khuran, P.S. Alamnagar, Distt. Madhepura.
                  2. GBBAR YADAV, S/O Police Yadav,
                  R/O Vill. Bharal Khand, P.S. Parwatta, Distt. Khagaria.
                                                        Petitioners.
                                                 Versus
                      THE STATE OF BIHAR.........Opp.Party.
                                               -----------

4. 02.07.2010 Heard learned counsel for the petitioners and the

State.

The petitioners are languishing in jail since

6.01.2010 in a case registered under Section 395 of the Indian

Penal Code. During the investigation it has come that Pappu

Yadav who happens to be brother-in-law of the petitioner, used

to teach in the house of the informant and it was Pappu and

Gabbar Yadav whose voice were recorded on the Mobile by the

nephew of the informant of which the voice of Pappu was

recognized by the petitioners.

It is submitted that apart from this in the case diary,

there is no direct evidence against the petitioners and the

petitioners have made statement in Para 13 that they have no

criminal antecedent. Learned counsel for the State, after going

through the case diary submits that on the basis of the

verification of the voice, the petitioners name sprang up in the

case.

Considering the fact that only suspicion has come

against the petitioners, let the petitioners above named be
2

released on bail in connection with Bildaur P.S. Case No. 95 of

2009 in G.R. No. 1701 of 2001 on furnishing bail-bond of Rs.

10,000/- (ten thousand) each with two sureties of the like

amount each to the satisfaction of Chief Judicial Magistrate,

West Champaran at Bettiah.

It is made clear that if the petitioner fails to appear

during the trial on three consecutive dates then the learned trial

court will be at liberty to cancel the bail bond of the petitioners.

Praveen                                 (Dinesh Kumar Singh,J.)