Patna High CourtCR. MISC./13205/2024bail granted

Raju Yadav @ Raj Kumar Yadav @ Raju Taylor v. The State Of Bihar

2024-03-04Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13205 of 2024 Arising Out of PS. Case No.-783 Year-2022 Thana- SUPAUL District- Supaul ====================================================== Raju Yadav @ Raj Kumar Yadav @ Raju Taylor S/O Makhru Yadav @ Parmeshwari Yadav R/O Jagatpur Camp Tola, Barail Ward No. 7, P.S- Supaul, Distt.- Supaul.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Praveen Kumar, Adv.

For the Opposite Party/s :

Mr.Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has earlier moved before this Court with a prayer for anticipatory bail which was dismissed as withdrawn vide order dated 18.12.2023 passed in Cr. Misc. No. 63685 of 2023.

3. The petitioner seeks bail in connection with Supaul P.S. Case No. 783 of 2023 instituted for the offences under Sections 302, 120(B), 34 of the Indian Penal Code.

4. As per prosecution case, the dead-body of the son of the Informant was found hanging in the lodge in which he was living. It has been alleged that the petitioner along with other co-accused persons have committed this alleged occurrence.

Patna High Court CR. MISC. No.13205 of 2024(2) dt.04-03-2024 2/3

5. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case due to dirty village politics. The petitioner is not named in the F.I.R. but, his name has surfaced in this case on the basis of confessional statement of the co-accused namely Zahir and Vikash Kumar. There is no eye-witness to the occurrence. The petitioner has no concern with the alleged occurrence. The petitioner has no criminal antecedent as has been stated in paragraph no.3 of the present bail application. The petitioner is languishing in judicial custody since 05.12.2023.

6. Learned counsel for the petitioner again submits that the co-accused Vikash @ Vikash Kumar Yadav, Zahir @ Md. Zahir and Budhan Mukhiya have been granted bail by a Co-ordinate Bench of this Court vide orders dated 19.05.2023, 11.07.2023 and 28.02.2024 passed in Cr. Misc. Nos. 73927 of 2022, 13900 of 2023 and 11792 of 2024 respectively.

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

8. Considering the entire facts and circumstances of the case and taking into account the period of custody of the petitioner as also the petitioner having no criminal antecedent

Patna High Court CR. MISC. No.13205 of 2024(2) dt.04-03-2024 3/3 and the prayer for bail based on parity, let the petitioner, abovenamed, 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 Supaul P.S. Case No. 783 of 2023 . (Rudra Prakash Mishra, J) rishi/- U T