Kiro Yadav @ Khiro Yadav v. Bhagalpur

.... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Anita Kumari Singh, Adv For the Opposite Party/s : Mr. Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 2 09-10-2013 Heard learned counsel for the petitioners as well as learned APP for the State. Informant’s son, Shravan aged about seven years went missing since the evening of 20.11.2012 and even after hectic search could not be located and for that a Sanha entry was made. In the evening of 25.11.2012, when the female folks had gone to meet call of nature, they found some apparel visualizing on the earth near graveyard, on account of which, they raised alarm attracting prosecution party who after arriving there, dug the earth and found the dead body having its neck chopped off. The head was also there. The suspicion has been shown against the whole family of the petitioners in the background of the land dispute and Maar- peet, wherein both the petitioners had gone to jail and after release therefrom, they had threatened like so. It has been contended on behalf of the petitioners that Patna High Court Cr.Misc. No.39713 of 2013 (2) dt.09-10-2013 2 from the Fard-e-beyan itself, it is apparent that none of the villagers had come forward to say that they had seen the deceased in the company of these petitioners. Also referring the order impugned, reliance has been placed under paragraphs-5, 6 and 7 and further argued that the aforesaid paragraphs have duly been explained under para-7 of the bail petition disclosing the fact that none of the witnesses under aforesaid paragraphs stood as an eyewitness or as a witness of last seen. That means to say, even by way of circumstantial evidence, complicity of petitioner is not at all linked with the alleged occurrence. It has also been submitted that from the order impugned, it is apparent that charge-sheet had already been submitted against the petitioners. On the other hand, learned APP opposed the prayer for bail and submitted that the case is based upon circumstantial evidence and the link requiring therefor is a matter of trial. In the aforesaid facts and circumstances of the case, petitioners Kiro Yadav @ Khiro Yadav and Hiro Yadav @ Biltu Yadav are directed to be released on bail on furnishing bail bond of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of A. Shamim, Judicial Magistrate, 1st Class, Bhagalpur in connection with Jagdishpur P.S. Case No. 174 of

#2012. perwez (Aditya Kumar Trivedi, J)