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Patna High Court/12625/2022allowed

Modo Yadav v. The State Of Bihar

2023-01-02Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12625 of 2022 Arising Out of PS. Case No.-197 Year-2021 Thana- SONO District- Jamui ====================================================== MODO YADAV SON OF LATE JHALO YADAV R/O VILLAGEBAGHAKEWAL, P.S.- SONO (CHARAKAPATHAR), DISTRICT- JAMUI ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajesh Kumar Sinha For the Opposite Party/s :

Mr.Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-01-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner has prayed for bail in connection with Sono P.S. Case No. 197 of 2021 registered for the offence punishable under sections 302, 201/34,379 of the Indian Penal Code.

As per allegation in the FIR, father of the informant proceeded to attend an invitation but did not return. After three days, informant came to know that his father was killed by FIR named accused persons and they cut head, hand and leg of the deceased and thrown the dead body near a canal. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Petitioner is not named in the FIR. Due to old enmity, during investigation,

Patna High Court CR. MISC. No.12625 of 2022(3) dt.02-01-2023 2/2 his name has been dragged in the present case. Petitioner is languishing in judicial custody since 04.01.2022. The application for bail is opposed by learned APP for the State. It is submitted by learned counsel for the informant that two witnesses have been examined by the trial court. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Jamui in connection with Sono P.S. Case No. 197 of 2021.

(Sunil Kumar Panwar, J) sushma/- U