Pramod Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19825 of 2025 Arising Out of PS. Case No.-639 Year-2022 Thana- BANKA District- Banka ====================================================== Pramod Yadav Son of Ganesh Yadav Resident of Village - Garijor, P.S. - Banka, District - Banka ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Praveen Kumar, Advocate For the Opposite Party/s :
Mrs. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 10-04-2025 Heard Mr. Praveen Kumar, learned counsel for the petitioner and Mrs. Renu Kumari, learned APP for the State.
2. The petitioner seeks bail in connection with Banka P.S. Case No. 639 of 2022, instituted for the offences punishable under Sections 302/34 of the Indian Penal Code.
3. The prosecution case, in short, is that, the petitioner along with other co-accused persons committed murder of wife of the informant by suffocating her after tying and tightening a rope around her neck.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from
Patna High Court CR. MISC. No.19825 of 2025(2) dt.10-04-2025 2/3 the conscious possession of the petitioner. Learned counsel for the petitioner also submits that there is no specific allegation attributed against the petitioner rather the same is general and omnibus in nature. There is no eye-witness to the alleged occurrence. It is next submitted that the postmortem report does not support the prosecution case and the deceased has died natural death and due to enmity, the petitioner has been implicated in this case. The petitioner is in custody since 11.02.2025 and has got one criminal antecedent in which he is on bail. Learned counsel for the petitioner further submits that similarly situated co-accused has been granted regular bail by this Court vide order dated 12.03.2024 passed in Cr. Misc. No. 15673 of 2024.
5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case, taking into account the period of custody undergone by the petitioner and claim based on parity, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court
Patna High Court CR. MISC. No.19825 of 2025(2) dt.10-04-2025 3/3 below/concerned Court in connection with Banka P.S. Case No. 639 of 2022.
(Rudra Prakash Mishra, J) Rajorshi/- U T