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Patna High CourtCR. MISC./4996/2024bail granted

Umesh Yadav @ Modi Yadav v. The State Of Bihar

2024-02-07Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4996 of 2024 Arising Out of PS. Case No.-104 Year-2014 Thana- KAUWAKOL District- Nawada ====================================================== UMESH YADAV @ MODI YADAV S/O- LATE SITAL YADAV R/OVILLAGE- MANANYATARI, P.S.- KAWAKOL, DISTRICT- NAWADA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Durgesh Nandan For the Opposite Party/s :

Mr.Kumar Veerendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 07-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Kawakol P.S. Case No. 104 of 2014 registered on 07.08.2014 lodged under Sections 302, 201/34 of I.P.C.

3. As per the prosecution case, F.I.R. has been lodged against five named accused persons including the petitioner to whom allegation is of eloping the dead body of the informant's brother after killing him.

4. Counsel for the petitioner submits that petitioner has been granted anticipatory bail by this Hon'ble Court vide order dated 12.08.2015 passed in Cr. Misc. No. 11608 of 2015 and subsequently, he has filed another Cr. Misc. No. 8560 of

Patna High Court CR. MISC. No.4996 of 2024(2) dt.07-02-2024 2/3 2016 for modification but the said modification was rejected and the said petitioner has to surrender before the Court due to the fault of the Pairvikar.

5. Counsel further submits that petitioner is innocent and has committed no offence. He further submits that petitioner is in custody since 13.10.2023 having four criminal cases. Counsel further submits that commitment has already taken place in this case.

6. Learned counsel for the State opposes the prayer for bail and submits that antecedent of the petitioner is not clean, therefore, this aspect must be taken into consideration.

7. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail after framing of charge and on being satisfied that petitioner is not absconding in any one of the following cases which are mentioned below and on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Nawada in connection with Kawakol P.S. Case No. 104 of 2014.

• Kawakol P.S. Case No. 36 of 2014.

• Kawakol P.S. Case No. 558 of 2023

Patna High Court CR. MISC. No.4996 of 2024(2) dt.07-02-2024 3/3 • Kawakol P.S. Case No. 647 of 2014.

(Dr. Anshuman, J) Sunnykr/- U