Biresh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18734 of 2022 Arising Out of PS. Case No.-126 Year-2021 Thana- MURAR District- Buxar ====================================================== 1.

Biresh Yadav Son Of Late Radha Mohan Yadav Resident of Village - Dangauli, P.s.- Murar, Distt.- Buxar.

2.

Umesh Yadav Son Of Late Radha Mohan Yadav Resident of Village - Dangauli, P.s.- Murar, Distt.- Buxar.

... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Bhaskar Shankar, Advocate For the Opposite Party/s :

Mr.Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 05-09-2022 Heard Mr. Krishna Prasad Singh, learned Senior Counsel for the petitioners, the informant and the State. Let the defect(s), if any, as pointed out by the office, be removed within four weeks.

The case is registered under Section 302, 201/34 I.P.C., in connection with Murar P.S. Case No. 126/2021. That prosecution story, in brief, is that informant's son Basant Kumar @ Daroga Yadav went out from his house to attend call of nature but did not return home. The informant and her family members started searching him. Later, he came to know that his son was killed and the dead body was thrown in the 'Khadhar' of Bishedra Singh and the same was identified

Patna High Court CR. MISC. No.18734 of 2022(3) dt.05-09-2022 2/2 him.

On 28.07.2022, the case diary was called for which has since been received.

Learned Senior Counsel submits that save and except the confessional statement that has formed the basis for implication of the petitioners and there is nothing to show their complicity. It has further been submitted that the same has no evidentiary value. According to him, both the petitioners are in custody since 30.11.2021.

Learned counsel for the informant as also the learned APP submit that a bare perusal of the case diary and the confessional statement shows that the deceased had entered into their house and was locked in a room and upon finding the same they got enraged and assaulted him mercilessly resulting into his death.

Considering the aforesaid allegation of assault and killing of the deceased, this Court for the present is not inclined to grant them the privilege of bail which is accordingly rejected. (Rajiv Roy, J) Ravi/Ajay Singh U T