Deepak Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7884 of 2023 Arising Out of PS. Case No.-649 Year-2021 Thana- JAHANABAD District- Jehanabad ====================================================== DEEPAK YADAV Son of Sunil Yadav @ Sunil Kumar R/o MohallaGaurkshni P.S- Jehanabad Dist- Jehanabad ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bhaskar Shankar For the Opposite Party/s :

Mr. Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302, 328, 120(B) of the Indian Penal Code and Section 27 of Arms Act. The prosecution case, in brief, is that on 15.10.2021, one Chunnu Sharma came to the house of the informant and asked to his son namely, Praduman Kumar to accompany him to visit "Dusshera Mela" and thereafter his son did not return to his house. Later on, dead body of the aforesaid son of the informant was found at "Gauri ghat" with fire arm. Further, alleged that his son has been murdered in a planned manner by accused persons including the petitioner.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. From perusal

Patna High Court CR. MISC. No.7884 of 2023(2) dt.12-04-2023 2/2 of FIR, it is evident that the informant is himself not an eyewitness to the alleged occurrence rather he has falsely implicated the petitioner in this case merely on suspicion. During investigation, there is no any consistent material has come against the petitioner to show his involvement in the alleged offence. Moreover, similarly situated co-accused namely, Kundan Kumar has already been granted bail by a co-ordinate Bench of this Court vide order 15.6.2022 passed in Cr. Misc. No. 6967 of 2022. It is further submitted that the petitioner is languishing in judicial custody since 14.9.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Jehanabad P.S. Case No. 649 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jehanabad.

(Sunil Kumar Panwar, J) Amandeep/- U T