Nandu Yadav @ Nand Lal Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33847 of 2021 Arising Out of PS. Case No.-117 Year-2020 Thana- BARHAT District- Jamui ====================================================== Nandu Yadav @ Nand Lal Yadav Son of Late Chandradev Yadav Resident of Village - Bhandra, P.S. Barhat, District Jamui. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Madhav Raj, Advocate For the Opposite Party/s :
Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 05-01-2022 Heard Shri Madhav Raj, learned counsel for the petitioner and Shri Chandra Bhushan Prasad, learned A.P.P. for the State through virtual Court proceedings.
The petitioner seeks bail in connection with Barhat P.S. Case No. 117 of 2020 instituted for the offences under Sections 364, 364(A), 302, 201, 120(B), 506 and 34 of the Indian Penal Code.
Learned counsel for the petitioner submits that the petitioner is in custody since 25.12.2020, is a person with clean antecedent and charge-sheet has been submitted in the case. Learned counsel for the petitioner submits that informant in the F.I.R. alleges that her son was sleeping with his grandfather and when the grandfather woke up, he did not find his grandson, accordingly a search was made. Further, on
Patna High Court CR. MISC. No.33847 of 2021(4) dt.05-01-2022 2/3 06.09.2020 a call came on the mobile of the uncle of the victim and ransom was demanded, further that uncle of the victim informed that a dead body was lying in the well. Accordingly, it was found that the dead body was of the son of the informant. Accordingly, based on suspicion, it was alleged that the murder was committed by one Sanjeev.
Learned counsel for the petitioner submits that petitioner is not named in the F.I.R. and his name transpired in the confessional statement of Baban Yadav. It is further submitted that confessional statement made before the police is not admissible in evidence.
Learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.
Considering the fact that the petitioner is in custody since 25.12.2020, charge-sheet has been submitted in the case, the petitioner is a person with clean antecedent, his name transpired in the confessional statement of co-accused and is not named in the F.I.R., let the petitioner above named be released on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand only) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Jamui in connection with Barhat P.S. Case No. 117 of 2020 with a
Patna High Court CR. MISC. No.33847 of 2021(4) dt.05-01-2022 3/3 condition that one of the bailors shall be the brother-in-law of the petitioner.
(Satyavrat Verma, J) Rishi/- U T