Shyam Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20913 of 2022 Arising Out of PS. Case No.-719 Year-2021 Thana- PURNEA SADAR District- Purnia ====================================================== SHYAM YADAV Son of Bal Krishna Yadav Resident of Village - Kapna Balia, P.S.- Mohanpur, District - Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Praveen Kumar Agrawal For the Opposite Party/s :

Mr.Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 02-08-2022 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 302, 201 read with 34 of the Indian Penal Code .

As per the prosecution case, the the petitioner and coaccused, Rahul Yadav and his associates in connivance with one another committed murder of the son of the informant by drowning in the river. Co-accused Rahul Yadav was also seen with the deceased when he was going out of the house.

Patna High Court CR. MISC. No.20913 of 2022(2) dt.02-08-2022 2/2 Learned counsel for the petitioner has submitted that the petitioner is innocent and he has falsely been implicated in this case. Learned counsel for the petitioner has further submitted that the petitioner is not named in the FIR and the name of the petitioner has sprung up in the confessional statement of co-accused, Rahul Kumar. There is delay of about 48 days in lodging of the FIR. The petitioner is also accused in one more case, as stated at para 3 of the bail petition. The petitioner is in custody since 01.01.2022.

Learned A.P.P. for the State has opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances, the petitioner above-named, is directed to be enlarged on bail on his furnishing bail-bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea, in connection with Sadar P.S. Case No. 719 of 2021 The application stands allowed.

(Chandra Prakash Singh, J) sanjeev/- U T