Patna High CourtCR. MISC./11320/2020bail granted

Subodh Yadav v. The State Of Bihar

2020-06-23Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11320 of 2020 Arising Out of PS. Case No.-102 Year-2019 Thana- LODIPUR District- Bhagalpur ====================================================== Subodh Yadav S/o Murari Yadav R/o village- Kodha (Korha), P.S.- Lodipur, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Indeshwari Prasad Mandal For the Opposite Party/s :

Mr.Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

23-06-2020 Heard learned counsel for the parties through video conferencing.

The petitioner seeks bail in Lodipur P.S. Case No. 102 of 2019 registered for the offence under Sections 302, 201 and 120B of the Indian Penal Code.

In the F.I.R., the informant has alleged that petitioner alongwith other FIR named accused took away his brother and later on, the dead-body of his brother was found. It is submitted on behalf of petitioner that save & except suspicion, there is nothing against the petitioner. Petitioner has been made accused only on the basis of suspicion and save & except last seen of deceased with petitioner & others, there is no material against the petitioner. It is further submitted that similarly situated co-accused namely Kundan

Patna High Court CR. MISC. No.11320 of 2020(2) dt.23-06-2020 2/2 Yadav has already been granted anticipatory bail by this Court, vide order dated 26-11-2019 passed in Cr.Misc. No. 71062 of 2019 (Annexure - 2 to the petition). The petitioner has no criminal antecedent.

Considering the aforesaid facts and circumstances, the bail application is allowed.

In the event of arrest or surrender within a period of six weeks from today, let the above-named petitioner be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate - IX, Bhagalpur in connection with Lodipur P.S. Case No. 102 of 2019, subject to condition, as laid down under Section 438(2) of the Cr.P.C.

(Prabhat Kumar Singh, J.) anay U T