Nandlal Yadav @ Nandlal Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16319 of 2023 Arising Out of PS. Case No.-21 Year-2019 Thana- MASHRAK District- Saran ====================================================== Nandlal Yadav @ Nandlal Kumar Yadav S/O Late Hira Ray @ Hira Yadav R/O Village- Dabchhu, P.S- Lakri Nabiganj, Distt.- Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Singh, Advocate For the Opposite Party/s :

Mr.Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

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

As per FIR, after recovery of the dead body of the father of the informant, the FIR was lodged against five persons, including the petitioner on suspicion that father of the informant had gone to the market from his house along with this petitioner and others. The matter was reported after some delay to the police for the reason that the informant resides in Nepal and he lodged the FIR only after he came back to his village.

Patna High Court CR. MISC. No.16319 of 2023(2) dt.10-05-2023 2/3 Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis of suspicion. The informant is not an eye witness of the alleged occurrence and not a single witness has stated about the complicity of the petitioner in this alleged occurrence. He has got no criminal antecedent. It is a case of last seen. Similarly situated co-accused person has already been granted bail by a coordinate Bench of this Court vide order dated 13.09.2019 passed in Cr. Misc. No. 57498 of 2019. It is further submitted that the petitioner is languishing in judicial custody since 11.07.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Mashrak P.S. Case No. 21 of 2019 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like

Patna High Court CR. MISC. No.16319 of 2023(2) dt.10-05-2023 3/3 amount each to the satisfaction of learned 8th Additional Sessions Judge-Saran At Chapra.

(Sunil Kumar Panwar, J) Manish/- U T