Ram Charan Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9207 of 2020 Arising Out of PS. Case No.-102 Year-2019 Thana- LODIPUR District- Bhagalpur ====================================================== RAM CHARAN YADAV Son of Bachchan Yadav Resident of Village- Mir Nagar,P.O- Harchandi, P.S.- Dhankund, Distt- Banka. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Davendra Kumar Pandey For the Opposite Party/s :
Mr. Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 15-06-2020 This case has been heard through video-conferencing. Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 302, 201 & 120-B of the Indian Penal Code.
Petitioner in association with other accused persons is said to have killed the brother of the informant and packed the dead body in a bag and threw it in the bushes. The reason behind the occurrence is said to be that the mother of coaccused Kumar Guarv, namely, Sulochana Devi had executed a sale deed in favour of the deceased and due to this there was some dispute between them and he along with other accused persons by hatching conspiracy has eliminated the brother of the
Patna High Court CR. MISC. No.9207 of 2020(3) dt.15-06-2020 2/3 informant.
It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case due to land dispute. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is no eye witness of the occurrence. There is no convincing material available on record to show the complicity of the petitioner with the occurrence. He has no criminal antecedent. Similarly situated co-accused, namely, Kundan Yadav and Kumar Gaurav have been enlarged on anticipatory bail, while co-accused Jaiki Yadav @ Jaiki Kumar Yadav has been enlarged on regular bail by different co-ordinate bench of this Court vide order dated 26.11.2019, 10.12.2019 and 13.01.2020 passed in Cr. Misc. Nos.71062 of 2019, 73406 of 2019 and 76903 of 2019 respectively.
Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned
Patna High Court CR. MISC. No.9207 of 2020(3) dt.15-06-2020 3/3 Chief Judicial Magistrate, Bhagalpur in connection with Lodipur P.S. Case No.102 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J.) Trivedi/- U T