Sita Ram Yadav @ Sitaram Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6814 of 2023 Arising Out of PS. Case No.-256 Year-2022 Thana- PANDAUL District- Madhubani ====================================================== Sita Ram Yadav @ Sitaram Yadav Son Of Kapal Yadav R/O Village- Rampur, P.S.- Pandaul, District- Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vikramadeo Singh :
Mr. Ravi Prakash, Mr. Gagandeo Yadav For the Opposite Party/s :
Mr. Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-07-2023 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 302/34 of the Indian Penal Code.
According to FIR, it is a case of commission of murder of the informant's brother namely, Vishnudevo Yadav by the the petitioner along with other co-accused persons. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The alleged occurrence took place on 8.11.2022 whereas the FIR has been lodged on 11.11.2022. From perusal of FIR as well as case diary, it appears that specific allegation alleged against co-
Patna High Court CR. MISC. No.6814 of 2023(4) dt.13-07-2023 2/2 accused Suresh Kumar Yadav regarding the upload the photographs on Facebook and the petitioner is father of Suresh Kumar Yadav due to which he has falsely been made accused in the present case. It is further submitted that general and omnibus allegation of assaulting leveled against this petitioner. The petitioner has got no criminal antecedent as stated in para-3 of the petition and he is languishing in judicial custody since 10.11.2022.
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 Pandaul P.S. Case No. 256 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Madhubani.
(Sunil Kumar Panwar, J) Amandeep/- U T