Patna High CourtCR. MISC./9352/2025bail granted

Rajeev Yadav @ Rajeev Kumar Yadav v. The State Of Bihar

2025-02-14Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9352 of 2025 Arising Out of PS. Case No.-223 Year-2024 Thana- NARPATGANJ District- Araria ====================================================== RAJEEV YADAV @ RAJEEV KUMAR YADAV S/O BIREN YADAV @ BIRENDRA YADAV R/O VILL.- KHAIRA CHANDA, WARD NO.- 06, P. S- NARPATGANJ, DISTT- ARARIA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Kishore Bharti, Advocate For the Opposite Party/s :

Mr. Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 14-02-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Narpatganj P.S. Case No. 223 of 2024 instituted for the offences under Sections 302, 201, 120B, 34 of the Indian Penal Code.

3. Prosecution case, in short, is that, the accused persons including the petitioner have murdered the son of the informant.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case merely on the basis of suspicion. Learned counsel for the petitioner submits that general and omnibus allegation has been made against the petitioner. No specific overt act is alleged against

Patna High Court CR. MISC. No.9352 of 2025(2) dt.14-02-2025 2/3 the petitioner. There is no eye-witness to the occurrence. Learned counsel further submitted that as per post-mortem report, cause of death is asphyxia as a result of strangulation. Learned counsel further submitted that informant's son went missing on 16.04.2024 but in this regard, no informatory petition was filed by the informant. It has been submitted on behalf of the petitioner that the petitioner is in custody since 27.07.2024 and has one criminal antecedent. The co-accused persons have already been granted bail by this Court vide order dated 19.11.2024 passed in Cr. Misc. No. 65895 of 2024.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Narpatganj P.S. Case No. 223 of 2024, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

Patna High Court CR. MISC. No.9352 of 2025(2) dt.14-02-2025 3/3 (II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(III) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Rudra Prakash Mishra, J) Alok Verma/- U T