Ramesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14124 of 2024 Arising Out of PS. Case No.-167 Year-2022 Thana- BAKHARI District- Begusarai ====================================================== Ramesh Yadav Son of Raj Kumar Yadav R/o Village- Badiya, P.S.- Bakhari, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Sarbottam Kumar Sarkar, Advocate For the State :

Mr. Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 07-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Bakhri P.S. Case No. 167 of 2022 instituted for the offence under Sections 302, 120(B) & 34 of the Indian Penal Code. 3.

As per the prosecution case, the petitioner is alleged to have demanded extortion of Rs. 1,00,000/- from the father of the informant earlier to the occurrence. Thereafter, on 25-05-2022, the dead body of the informant's father was found lying on the tractor in dead condition. The informant raised suspicion against the petitioner regarding murder of his father and lodged the FIR.

4.

It has been submitted on behalf of the petitioner

Patna High Court CR. MISC. No.14124 of 2024(2) dt.07-03-2024 2/3 that the petitioner is in custody since 27-04-2023. Petitioner is stated to be man of clean antecedent.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case due to money dispute. There is no documentary evidence to corroborate the allegation regarding the money which was given to the petitioner. It is submitted that there is no eye-witness to the occurrence. Other co-accused has been granted bail by a Coordinate Bench of this Court, vide order dated 13-10-2023, passed in Cr. Misc. No. 33030 of 2023. Charge sheet has already been submitted in this case.

6.

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

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, clean antecedent of the petitioner and charge sheet being submitted, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner 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 Bakhri P.S. Case No. 167 of 2022, subject to the following conditions:

Patna High Court CR. MISC. No.14124 of 2024(2) dt.07-03-2024 3/3 (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T