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Patna High CourtCR. MISC./22973/2022dismissed

Indradeo Yadav v. The State Of Bihar

2022-11-30Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22973 of 2022 Arising Out of PS. Case No.-109 Year-2021 Thana- BELAGANJ District- Gaya ====================================================== INDRADEO YADAV S/o Late Mahavir Yadav Resident of VillageBanshibigha, P.S.- Belaganj, District- Gaya. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vinod Kumar, Advocate For the Opposite Party/s :

Mr. Pranav Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 30-11-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Let the defects, as pointed out by the office, be removed within a period of four weeks from today. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 302, 201/34 of the Indian Penal Code.

According to prosecution case, in brief, is that on 28.03.2021 the Chandardeo Yadav and Indradeo Yadav called the husband of informant and they took the deceased to their home. It is the case of the informant that petitioner along with other co-accused persons killed her husband by slaughtering him and thrown the dead body near railway line. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.22973 of 2022(3) dt.30-11-2022 2/2 petitioner is innocent and he has falsely been implicated in the present case on the basis of suspicion. He further submits that the date of occurrence took place on 28.03.2021 but the present F.I.R. was lodged on 31.03.2021 after delay of three days without any explanation of delay. He further submits that due to local dirty politics the petitioner has been implicated in this case.

The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner and fairly submits as per case diary during investigation it has been found that there is sufficient material available against the petitioner and petitioner carries one criminal antecedent other than the present one.

Considering the aforesaid facts, I am not inclined to enlarge the petitioner on bail in connection with Belaganj P.S. Case No. 109 of 2021 pending in the court of learned Additional Chief Judicial Magistrate-II, Gaya.

Prayer is refused.

(Rajesh Kumar Verma, J) mdrashid/- U T