Sikandar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37077 of 2021 Arising Out of PS. Case No.-149 Year-2019 Thana- LADANIA District- Madhubani ====================================================== Sikandar Yadav Son Of Uttim Lal Yadav @ Bahadur Yadav, Resident of Village - Kamepatti, P.S.- Ladaniya, Dist.- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gagandeo Yadav, Advocate :

Mr. Vinod Kumar, Advocate :

Mr. Ravi Prakash, Advocate For the Opposite Party/s :

Mr. Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-12-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Ladaniya P.S. Case No. 149 of 2019 dated 26.08.2019 instituted for the offences under Sections 302 and 120(B) of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is in custody since 19.02.2021, charge-sheet has been submitted in the case and he has got one criminal antecedent as mentioned in paragraph '3' of the bail application. Learned counsel for the petitioner submits that the informant in the F.I.R. alleges that her husband had gone along with Ranjan Kumar Yadav for Khutana and when her husband

Patna High Court CR. MISC. No.37077 of 2021(2) dt.07-12-2021 2/3 did not return till 9.00 pm, the informant contacted her husband on the mobile of Ranjan Kumar Yadav who informed that he is enjoying the company of Ranjan Kumar Yadav along with Sikandar Yadav (petitioner) and one Maulvi Sahab at the house of Matuk Yadav @ Materam Yadav of Dhanjaiya and thereafter he would be visiting a fair and would return by 12.00 in the night. It is further alleged that the informant at 2.30 in the night came to know that her husband has sustained injuries and was brought to P.H.C., Ladania where his treatment was going on. Accordingly, the informant reached at P.H.C. from where his husband was referred to D.M.C.H. and it is alleged that during the course of treatment at D.M.C.H., the husband of the informant died.

Learned counsel for the petitioner submits that from perusal of the allegation as alleged in the F.I.R. it would manifest that except that suspicion, there is no other material to show his complicity in the aforesaid crime. It is further submitted that there is no eye-witness to the occurrence and that similarly situated co-accused Ranjan Kumar Yadav has been granted bail by this Court vide order dated 24.06.2021 passed in Cr. Misc. No. 3318 of 2021 and Matuk Yadav @ Materam Yadav has also been granted bail vide order dated 01.07.2021 in

Patna High Court CR. MISC. No.37077 of 2021(2) dt.07-12-2021 3/3 Cr. Misc. No. 13827 of 2021.

Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner and submits that the petitioner is named in the F.I.R. with an allegation that the husband of the informant was enjoying with him as disclosed by Ranjan Kumar Yadav.

Considering the fact that the co-accused Ranjan Kumar Yadav and Matuk Yadav @ Materam Yadav have been granted bail, the petitioner is in custody since 19.02.2021 and charge-sheet has been submitted in the case, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned J.M., First Class, Madhubani in connection with Ladaniya P.S. Case No. 149 of 2019 subject to the condition as laid down under Section 437 (3) Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T