Suresh Prasad Yadav @ Suresh Prasad Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17427 of 2022 Arising Out of PS. Case No.-107 Year-2020 Thana- PANAPUR District- Saran ====================================================== Suresh Prasad Yadav @ Suresh Prasad Rai S/o Late Baleshwar Rai R/o village- Satjora, Tola- Pachahattar, P.S.- Panapur, District- Saran (Chapra) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ritesh Kumar For the Opposite Party/s :
Ms.Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-09-2022 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner apprehends his arrest in a case registered for the offences punishable under Section 302 and other allied sections of the Indian Penal Code. As per the prosecution case, on the alleged date and time of occurrence co-accused Pappu Rai, Raju Yadav @ Mister, Lal Rai @ Umesh Rai and Shekhar Raut came at the house of informant and took her husband on motorcycle, but her husband did not return. After two day, the dead body of the husband of informant was found in a pond. It is further alleged that this petitioner having conspired with the co-accused persons and got the husband of informant killed.
It is submitted that at best petitioner is only alleged to
Patna High Court CR. MISC. No.17427 of 2022(2) dt.27-09-2022 2/2 be conspirator. Specific allegation of taking away the deceased is against co-accused Pappu Rai, Raju Yadav @ Mister, Lal Rai @ Umesh Rai and Shekhar Raut. It is further submitted that there is no direct or indirect material has come during course of investigation which shows his complicity in the alleged occurrence. Co-accused persons who are alleged to have taken away the deceased have been granted bail by different benches of this court. Petitioner claims clean antecedent. Considering the facts aforesaid, the petitioner abovenamed, in the event of his arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs.
10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saran at Chapra in connection with Panapur P.S. Case No. 107 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) vinita/- U T