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Patna High CourtCR. MISC./4843/2019disposed

Ramchandra Yadav v. The State Of Bihar

2019-04-16Mr. Justice Vinod Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4843 of 2019 Arising Out of PS. Case No.-74 Year-2009 Thana- LAXMIPUR District- Jamui ====================================================== RAMCHANDRA YADAV, son of Late Khosho Yadav, Resident of Village - Kakanchour P.O Digghi P.S. Kakanchaur, Dist. Jamui ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Niranjan Parihar For the Opposite Party/s :

Mr. Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-04-2019 Petitioner seeks bail in anticipation of his arrest in connection with Laxmipur P.S. Case No. 74 of 2009, registered for the offences punishable under Sections 302, 120B and 34 of the Indian Penal Code.

Allegation as per FIR is that father of the informant was working as Barahil for the last 50 years with Lalan Babu and he used to look after his land and land dispute arose between Lalan Babu and his two sons for the last 10 years and before two months one Chandra Sekhar Singh @ Gopaljee appointed another Brahil, namely, Srinath Singh @ Biswanath Singh, who also started living and he removed the father of informant by conspiracy and he used to threat his father also and it is further stated that informant's father objected to give land to another person as Bataidar, on which Gopaljee and his Brahil

Patna High Court CR. MISC. No.4843 of 2019(4) dt.16-04-2019 2/3 had abused his father and father of informant and Srinath Singh stayed at Katchery and after taking dinner in night both persons slept in the courtyard and in the morning he received information by telephone from Lakhanchor village that his father was murdered and, as such case has been lodged against unknown. It further appears that during investigation confessional statement of co-accused Jadu Mandal was recorded in which he named this petitioner. It further appears that the case is of the year 2009.

Submission of learned counsel for the petitioner is that except confessional statement there is nothing against the petitioner and the co-accused, in whose confessional statement name of petitioner transpired, has been granted bail by a coordinate Bench of this Court vide order dated 29.6.2011 in Cr.Misc.No. 19086 of 2011.

Heard learned APP also.

Having heard both sides and considering the fact that the case is of the year 2009 and one co-accused has been granted bail, let petitioner, above named, surrender and make prayer for regular bail, which shall be considered on the basis of materials available on the record and the submissions made above and, if possible, to be disposed of on the same day.

Patna High Court CR. MISC. No.4843 of 2019(4) dt.16-04-2019 3/3 With the above observation, this application is disposed of.

(Vinod Kumar Sinha, J) spal/- U T