Anil Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8931 of 2022 Arising Out of PS. Case No.-95 Year-2020 Thana- JHAJHA District- Jamui ====================================================== ANIL YADAV S/O KEDAR YADAV R/o village- Bhithara, P.S.- Sono, District- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satya Prakash Parasar For the Opposite Party/s :

Mr.Md. Ehtesamuddin Mr. Amrendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-08-2022 Heard learned counsel for the parties.

Petitioner seeks anticipatory bail in a case registered for the offence punishable under section 302 and other ancillary sections of the Indian Penal Code.

As per the prosecution case, informant's husband went to Basmata by Auto rickshaw but he did not return. Learned counsel for the petitioner submits that from the FIR it is evident that there is no eye witness to the occurrence and the petitioner's name has come in the case during course of investigation on the basis of call details report, mentioned in paragraph 16 of the case diary as well as on the basis of informant's statement in which she has named him on the basis of suspicion. Informant, in her section 164 Cr.P.C.

Patna High Court CR. MISC. No.8931 of 2022(2) dt.04-08-2022 2/2 statement, recorded in paragraph 49 of the case diary, has suspected that at the relevant time petitioner and other accused persons named therein were in touch with her husband on his mobile phone. Besides this, no other incriminating material has come against him. Petitioner has got clean antecedent. Learned counsel for the informant and the State opposed the prayer for anticipatory bail and submitted that all the co-accused in their confessional statement named this petitioner and informant also raised suspicion against him.

Considering the facts of the case, nature of accusation and clean antecedent of the petitioner, let the petitioner, above named, in the event of his arrest/ surrender within a period of six weeks from today shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Jamui in connection with Jhajha PS case No. 95/ 2020, subject to conditions laid down u/s 438(2) of the Cr. P. C.