Debu Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29499 of 2024 Arising Out of PS. Case No.-117 Year-2023 Thana- RAUTARA District- Katihar ====================================================== Debu Kumar Yadav Son of Kishore Yadav Resident of village- Rautara, P.S.- Rautara, District- Katihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 03-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Rautara P.S. Case No.117 of 2023 lodged under Sections 302, 120B/34 of the I.P.C.

3. As per the prosecution case, the F.I.R. has been lodged against three named and two unknown accused persons against whom there is allegation that they scuffled with informant's son, thereafter at about 8:00 PM, accused persons have threaten the son of the informant and subsequently the dead body of informant's son has found at his door,.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that in the F.I.R., it is true that scuffling took place with three named accused persons including him, but there is no allegation against him to threat at his house. The said allegation is against co-accused, namely, Bikki Kumar and Pintu Mandal. He also submits that the petitioner has unnecessarily been made accused

Patna High Court CR. MISC. No.29499 of 2024(3) dt.03-07-2024 2/2 in this case.

5. Counsel further submits that petitioner's antecedent is clean and he is in custody since 11.12.2023. Counsel also submits that the other co-accused has been granted bail by the Co-ordinate Bench of this Court vide order dated 30.05.2024 passed in Cr. Misc. No. 29459/2024.

6. Learned counsel for the State opposes the prayer for bail.

7. Upon specific query whether charge has been framed or not. Counsel submits that he is not aware about framing of charge.

8. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail, 3 months after framing of charge, if not framed, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Katihar in connection with Rautara P.S. Case No.117 of 2023, subject to the following conditions as laid down under Section 437(3) of Cr.P.C.

(Dr. Anshuman, J.) Prakashmani/- U T