Suman Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13430 of 2023 Arising Out of PS. Case No.-523 Year-2022 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ====================================================== SUMAN YADAV S/O KATUN YADAV Resident of Village- Hanuman Path,Kumar Bhawan, Tilak Manjhi, P.S.- Tilakmanjhi, District- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sharda Nand Mishra For the Opposite Party/s :

Mr.Mohammed Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under section 302/34 of the Indian Penal Code.

As per allegation in the FIR, accused persons took an amount of Rs. 3 lac from the deceased and did not return then informant's husband (deceased) filed a case against them. In retaliation, co-accused Vashishta @ Lukky Chubey and Durgesh have killed his husband.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. No one is the eye witness of the occurrence. Specific allegation is against

Patna High Court CR. MISC. No.13430 of 2023(3) dt.19-07-2023 2/2 co-accused Vashishta and Durgesh and not against the present petitioner. He is not named in the FIR rather his name appeared in confessional statement of accused Durgesh Kumar. During investigation, no direct or indirect evidence has come against the petitioner to show his complicity in the present case. Petitioner has got no criminal antecedent and languishing in judicial custody since 16.10.2022.

The application for bail is opposed by learned APP for the State.

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 CJM, Bhagalpur in connection with Kotwali (Jogsar) P.S. Case No. 523 of 2022.

(Sunil Kumar Panwar, J) sushma/- U