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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21642 of 2024 Arising Out of PS. Case No.-196 Year-2023 Thana- BHAPTIAHI District- Supaul ====================================================== 1.

SANDEEP KUMAR YADAV @ SANDEEP KUMAR SON OF NANDLAL YADAV @ NAND LAL YADAV RESIDENT OF VILLAGE - LOUKAHA, PALAR, WARD NO.-1, POLICE STATIONI - BHAPTIYAHI, DISTRICT - SUPAUL 2.

NANDLAL YADAV @ NAND LAL YADAV SON OF LATE DHAKAN YADAV RESIDENT OF VILLAGE - LOUKAHA, PALAR, WARD NO.-1, POLICE STATIONI - BHAPTIYAHI, DISTRICT - SUPAUL ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun .

For the Opposite Party/s :

Mr.Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 02-07-2024 Heard learned counsel for the petitioners as well as learned APP for the State.

2. In this case, the petitioners are seeking regular bail in connection with Bhaptiyahi P.S. Case No. 196 of 2023, registered for the offences punishable under Sections 302, 201, 120(B)/34 of the IPC.

3. As per allegation, co-accused Ranjeet Kumar called the deceased telephonically to meet him. When the deceased went to meet him, petitioner no. 2 stabbed him with knife. Further, the villagers went on the spot and saw the dead body of the deceased.

4. The learned counsel for the petitioner has submitted that three brothers and their father have been made accused in this case. There is allegation of committing murder of the deceased by

Patna High Court CR. MISC. No.21642 of 2024(3) dt.02-07-2024 2/2 stabbing but there is no eye-witness. It is a case of circumstantial evidence and co-accused Ajit Kumar, who is brother of petitioner no. 1, has confessed his guilt which is leading to recovery and he has given the description of the entire occurrence and had stated that he (Ajit Kumar) stabbed the deceased into his stomach and back, resulting into his death. In his confession, he has stated that co-accused Ranjeet Kumar was preventing him from inflicting knife blows but he failed.

5. It appears that there is no evidence against the petitioner in the entire case diary.

6. Considering the nature of allegation as well as period of incarceration, let the petitioners above-named be released on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Supaul in connection with Bhaptiyahi P.S. Case No. 196 of 2023, subject to the following condition:- (i) The petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court.

(Nawneet Kumar Pandey, J) kundan/- U T