← Library
Patna High CourtCR. MISC./9629/2025allowed

Bakhera Yadav @ Bakhera Kumar v. The State Of Bihar

2025-03-19Mr. Justice Sunil Dutta Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9629 of 2025 Arising Out of PS. Case No.-212 Year-2023 Thana- FALKA District- Katihar ====================================================== Bakhera Yadav @ Bakhera Kumar S/o Nand Kishor Yadav @ Nandkeshwar Yadav, R/o Ashok Ghat, Kirti Tola, PS- Sahebpur Kamal, Distt- Begusarai. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjeev Kumar Singh, Advocate.

For the Opposite Party/s :

Mr. Yogendra Kumar Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 19-03-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Falka (Pothia) P.S. Case No. 212 of 2023 in S.T. No.525 of 2024 for the offences registered under Sections 302, 201, 120(B), 34 of the Indian Penal Code.

3. As per the allegation in the F.I.R. an unknown dead-body was recovered lying in the field and on the basis of information given by Chaukidar, F.I.R. was registered. During the investigation, wife of the deceased was arrested and she confessed her involvement in the crime. She disclosed the name of accused persons including the petitioner as one of the associate.

4. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.9629 of 2025(2) dt.19-03-2025 2/3 petitioner is innocent and has falsely been implicated in this case. There is no eye-witness to the alleged occurrence. Except the confessional statement of the co-accused, there is no material against the petitioner. Petitioner is in custody since 31.07.2024 having no criminal antecedent. Similarly situated co-accused persons have already been granted bail by the Coordinate Bench of this Court vide orders dated 21.03.2024, 14.05.2024, 16.05.2024 & 20.06.2024 passed in Cr. Misc. No.83348 of 2023, Cr. Misc. No.5257 of 2024, Cr. Misc. No.33500 of 2024 & Cr. Misc. No.43047 of 2024 respectively and also by this Court vide order dated 17.12.2024 passed in Cr. Misc. No.73202 of 2024. Charge-sheet has already been submitted in this case. There is no chance of tampering with the evidence by the petitioner.

5. Learned counsel appearing on behalf of the State opposes the prayer for grant of bail to the petitioner.

6. Considering the submissions made on behalf of the parties, facts and circumstances of the case and period of custody, let the petitioner, named above, be enlarged on bail upon furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned District & Additional Sessions Judge-V,

Patna High Court CR. MISC. No.9629 of 2025(2) dt.19-03-2025 3/3 Katihar in connection with Falka (Pothia) P.S. Case No. 212 of 2023 in S.T. No.525 of 2024.

(Sunil Dutta Mishra, J) Ritik/- U T