Munarik Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26899 of 2020 Arising Out of PS. Case No.-317 Year-2019 Thana- SHERGHATI District- Gaya ====================================================== MUNARIK YADAV Son of Meghan Yadav Resident of Village- Mohandih, P.S.- Dobhi, District- Gaya.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Ms. Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 20-10-2020 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State, through video conferencing.

The petitioner seeks regular bail in connection with Sherghati (Dobhi) Police Station Case No. 317 of 2019, registered for the offences punishable under Sections 302/201/34 of the Indian Penal Code.

The allegation against the petitioner is that on 11.07.2019, the petitioner, along with other co-accused persons, arrived at the house of the informant and took away his son, Radhey Kumar (deceased) and on the following day, i.e. on 12.07.2019, the informant came to know that his son had been killed and his dead body was found near the canal.

Patna High Court CR. MISC. No.26899 of 2020(2) dt.20-10-2020 2/2 Learned Counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and at best the allegation against the petitioner is that the deceased accompanied the petitioner on his call. He further submits that similarly situated co-accused, Dinesh Yadav, has been granted bail by this Court, having criminal antecedents. Having heard learned Counsel for the parties and taking into consideration the materials on record and the fact that the petitioner was last seen with the deceased and in close proximity of time, i.e. on the very next date, the dead body of the deceased was found and further the petitioner has criminal antecedents, I am not inclined to grant regular bail to the petitioner, at this stage.

This application is, accordingly, dismissed.

However, the petitioner may renew his prayer for bail after one year from today, if the trial does not show any progress.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √