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Patna High CourtCR. MISC./34695/2021bail granted

Subhas Yadav v. The State Of Bihar

2022-01-21Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34695 of 2021 Arising Out of PS. Case No.-477 Year-2020 Thana- SAUR BAZAR District- Saharsa ====================================================== SUBHAS YADAV Son of Chandeshwari Pandey @ Chandeshwari Yadav Resident of Village - Sakhari, P.S.- Sourbazar (Patarghat O.P.), Distt.- Saharsa.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Rashmi Jha, Advocate For the Opposite Party/s :

Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 21-01-2022 Heard learned counsel for the parties through video conferencing.

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

As per the prosecution case, the husband of the informant who had gone out with the petitioner herein did not return and on the next day his dead body was found. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. No material has transpired in course of investigation to connect the petitioner with the alleged crime. At best the allegations in the FIR raises an unfounded suspicion against the petitioner. There are no eye-witness to the occurrence. The petitioner is in

Patna High Court CR. MISC. No.34695 of 2021(3) dt.21-01-2022 2/2 custody since 27.1.2021. Charge sheet has been submitted in the case and the petitioner has no criminal antecedent. Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the allegations in the FIR together with the material that has transpired in course of investigation and charge sheet having been submitted in the case, the Court directs the petitioner to be enlarged on bail in connection with Saur Bazar P.S. Case no. 477 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saharsa.

(Partha Sarthy, J) Prakash/- U