Uday Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20986 of 2020 Arising Out of PS. Case No.-70 Year-2019 Thana- SIGAUDI District- Patna ====================================================== UDAY YADAV, son of Ghamandi Yadav. Resident of Village - Bairiyadih, P.S. - Sigori, District - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Sinha, Advocate For the Informant :

Mr. Atul Chandra, Advocate For the State :

Mr. J.K. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 13-11-2020 Heard learned counsel for the petitioner and learned APP for the State through video conference. Learned counsel for the petitioner undertakes that all defects pointed out by the Stamp Reporter shall be removed, and compliance with the conditions of the notices of this Court with regard to acceptance of e-filing shall be made, without delay immediately upon resumption of normal physical functioning of the Court, and in any event within one month thereof.

2. The petitioner is in custody since 23.12.2019 in connection with Sigori P.S. Case No. 70 of 2019 for the alleged offences under Sections 302, 201 and 120B of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated in connection with alleged murder of the informant's husband. Except suspicion on grounds that co-accused Ravindra Yadav @ Master had called the informant's husband for some work on 28.07.2019 and thereafter on 30.07.2019, his dead body was found in the dalan of Yogi Yadav, there is no objective material to connect the petitioner with the alleged occurrence.

Patna High Court CR. MISC. No.20986 of 2020(5) dt.13-11-2020 2/2 The general and omnibus allegations against the accused persons including the petitioner are based merely on the confessional statement of co-accused Rinju Devi and there is no eye-witness to the occurrence. No external injury has been found on the body of the deceased. A statement is made at the Bar that of the eight named accused persons, all except the petitioner have been enlarged on anticipatory/regular bail. The petitioner claims clean antecedents.

4. Learned APP assisted by learned counsel for the informant appears and has been heard. No objective material against the petitioner has been pointed out in the case diary.

5. Be that as it may and having regard to the period of custody already suffered since 23.12.2019, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-V, Danapur, District Patna in connection with Sigori P.S. Case No. 70 of 2019, if he is not otherwise required in any other case.

6. Office shall follow-up to ensure that all defects are removed and compliance with the notices of this Court are made by the petitioner within the stipulated time provided in para 1 hereinabove, failing which the matter shall be brought to the notice of this Court.

(Vikash Jain, J) Chandran/- U T