Raju Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27379 of 2025 Arising Out of PS. Case No.-422 Year-2022 Thana- WAJIRGANJ District- Gaya ====================================================== Raju Yadav S/o Shankar Yadav R/o Village- Sudhi Tola @ Kurmi Tola, Manpur, P.S.- Muffasil, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Priya Ranjan, Adv For the Opposite Party/s :

Ms.Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 20-08-2025 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.

2. The petitioner seeks bail in connection with Wazirganj P.S. Case No. 422 of 2022 registered for the offences under Sections 302, 201 and 34 of the Indian Penal Code.

3. The petitioner is not named in the F.I.R. and is in custody since 10.09.2024.

4. As per FIR, which is based upon fardbeyan of chowkidar 1/1 Manager Paswan of village Ekamba, Wazirganj, where an unknown dead body was found inside a gunny bag of which hand and neck was tied with rubber bearing gun shot on the right side of its head.

5. Consequent upon present FIR was lodged against

Patna High Court CR. MISC. No.27379 of 2025(4) dt.20-08-2025 2/3 unknown persons under Section 302, 201 and 34 of the I.P.C.

6. Learned counsel appearing on behalf of the petitioner submitted that petitioner implicated only for the reason that he is accused in 12 more criminal cases and for the said suspicion, when on one occasion he was arrested in connection with Muffasil P.S. Case No. 253 of 2023, self-confession of petitioner was recorded in police custody suggesting his involvement in present occurrence. It is pointed out that police to solve this case qua recovery of dead body recorded self-confession of petitioner and thus implicated him falsely with the present case. It is submitted that in furtherance of self-confession nothing incriminating recovered/surfaced during the course of investigation as to connect petitioner prima-facie with the present occurrence of murder.

It is submitted that save and except aforesaid suspicion arising out of self-confession nothing incriminating appears against this petitioner and, therefore, petitioner deserves bail and it cannot be denied merely on the basis of his criminal antecedents. In support of his submission learned counsel relied upon the legal report of Hon'ble Supreme Court as available throug Prabhakar Tewari Vs. State of Uttar Pradesh and Another, [(2020) 11 SCC 648].

Patna High Court CR. MISC. No.27379 of 2025(4) dt.20-08-2025 3/3 chance of tampering with the evidence.

7. Learned APP appearing on behalf of the State, opposes the prayer for bail.

8. In view of aforesaid factual submission and by taking note of fact as save and except suspicion arising out of selfconfession, nothing prima-facie appears as to connect petitioner with the present occurrence of murder, coupled with the fact as petitioner remains in custody since 10.09.2024, accordingly above named petitioner, is directed to be released on bail in connection with Wazirganj P.S. Case No. 422 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-X, Gaya/concerned court, subject to the conditions as mentioned under Section 480(3) of the B.N.S.S. (Chandra Shekhar Jha, J.) S.Tripathi/- U T