Arbind Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 10592 of 2023 Arising Out of PS. Case No.-232 Year-2022 Thana- DHAMDAHA District- Purnia ====================================================== Arbind Yadav S/O Mahendra Yadav Resident of village- Dhamdaha, P.S.- Dhamdaha, District- Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhola Prasad, Adv.

For the Opposite Party/s :

Mr. Kalyan Shankar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 05-06-2023 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Dhamdaha P.S. Case No. 232 of 2022 lodged under Sections 302, 201, 120(B) of the I.P.C.

As per the prosecution case, F.I.R. has been lodged against five named accused persons including the petitioner. There is an allegation of killing of informant's son and thrown the body in the septic tank.

Learned counsel for the petitioner submits that case diary has been called for in this case and from the case diary, it has come in paragraph 20 that the entire modus operandi of the

Patna High Court CR. MISC. No. 10592 of 2023(4) dt.05-06-2023 2/2 killing has been made by the younger brother of the petitioner. Counsel for the petitioner submits that the name of the petitioner has figured in this case only and only due to the reason that the alleged crime has been committed by his younger brother. Counsel submits that the antecedent of the petitioner is clean and he is in custody since 28.08.2022. Counsel further submits that charge has already been framed in this case. Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Purnea in connection with Dhamdaha P.S. Case No. 232 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) sadique/- U T