Subodh Kumar @ Subodh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30272 of 2024 Arising Out of PS. Case No.-1372 Year-2023 Thana- NAWADA District- Nawada ====================================================== Subodh Kumar @ Subodh Yadav S/O Ramchandra Prasad Yadav R/O Village- Sartkiya, P.S- Hisua, Distt.- Nawada. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Deepak Kumar For the Opposite Party/s :
Mr. Jharkhandi Upadhyay ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 09-08-2024
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the offences punishable under Sections 365, 302 and 34 of the Indian Penal Code.
3. Learned counsel for the petitioner submits that petitioner has antecedent of one case. It is next submitted that from perusal of the allegation as alleged in the F.I.R., it would manifest that the informant alleges that on 22.07.2023, his father, Makbul Ansari, was getting ready for visiting Ajmer Sharif Dargah, further at about 09:00 AM, Akhilesh Yadav came to his house and said that he would help his father board the train at Gaya, thereafter, his father accompanied him, it is next alleged that sister of the informant Hasiba Khatoon called from her mobile number 7870832159 on mobile of Akhilesh when he replied that her father had boarded Mahabodhi Express, it is also
Patna High Court CR. MISC. No.30272 of 2024(3) dt.09-08-2024 2/3 alleged that after some times when no information came, the informant called Akhilesh, but his mobile was switched off and when he contacted him on his another mobile, then he disclosed that his father would come back, thus, alleges that based on suspicion that Akhilesh with help of other accused persons might have kidnapped his father and may have killed him.
4. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case based on suspicion. It is next submitted that U.D. Case No. 10 of 2023 dated 23.07.2023 was registered at Wazirganj P.S. as a dead body of a male was recovered from railway track near Jamuawan railway station and the said dead body was of the father of the informant. It is next submitted that petitioner is not named in the FIR and he came to be implicated during the course of investigation based on the fact that he had purchased a piece of land from the wife of one Mukesh Yadav, it is submitted that said Mukesh Yadav had purchased the said piece of land which is sold to the petitioner from the deceased, but then it is alleged that Mukesh Yadav had fraudulently purchased the land from the deceased in name of his wife. It is thus submitted that the entire allegation hinges around suspicion. It is further submitted that petitioner is in custody since 12.01.2024
Patna High Court CR. MISC. No.30272 of 2024(3) dt.09-08-2024 3/3 and charges have been framed and the petitioner will cooperate in the trial.
5. Learned A.P.P. for the State opposes the prayer for regular bail of the petitioner.
6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, be released on regular bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Nawada Town P.S. Case No. 1372 of 2023.
7. It is made clear that in the event if the learned Trial Court comes to a conclusion that petitioner, after his release, is trying to delay the trial in any manner, in that event, the learned Trial Court shall be at liberty to cancel his bail bonds forthwith after recording reasons.
8. Accordingly, the instant regular bail application stands allowed.
(Satyavrat Verma, J) Rishabh/- U T