Cheeku Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13224 of 2022 Arising Out of PS. Case No.-153 Year-2020 Thana- KAHALGAON District- Bhagalpur ====================================================== CHEEKU YADAV Son of Sita Ram Yadav Resident of Village - Ranidiyara, P.s.- Budhuchak, Distt.- Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjan Kumar Jha For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under sections 363, 365 of the Indian Penal Code, converted Sections 302, 201, 120-B,34 of the IPC and and sections 27 of the Arms Act.

As per allegation in the FIR, petitioner kidnapped brother of the informant by his motorcycle and thereafter, it is alleged that he in connivance with other accused persons committed murder. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in the present case due to dirty village politics. Neither the informant nor any one is the eye witness to the actual occurrence of killing the deceased. Except suspicion, no any other cogent or direct material has

Patna High Court CR. MISC. No.13224 of 2022(3) dt.03-01-2023 2/2 come against the petitioner to implicate him in the present case. Several other similarly situated co-accused persons have already been granted bail by different co-o0rdinate Bench vide order dated 01.04.2022, 29.7.2021, 07.03.2022 passed in Cr. Misc. No. 4705/2022, 11985/2021 and Cr. Misc. 69468 of 2021. Petitioner is in custody since 2.6.2021. The application for bail is opposed by learned APP for the State and submitted that one criminal case is pending against the petitioner.

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 Additional Sessions Judge-V, Bhagalpur in connection with Kahalgaon P.S. Case No. 153 of 2020.

(Sunil Kumar Panwar, J) sushma/- U