Hasan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37707 of 2021 Arising Out of PS. Case No.-9 Year-2020 Thana- BALIYA District- Begusarai ====================================================== HASAN YADAV Son of Late Suro Yadav Resident of Village- Phulwaria, Naya Tola, Ward No.7, P.S.- Ballia, District- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Singh, Advocate For the Opposite Party/s :

Mr.Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-03-2022 Heard learned counsel for the petitioner and learned APP for the State.

Learned Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioner is apprehending his arrest in a case registered under Sections 302, 201, 120(B)/34 of the Indian Penal Code.

Prosecution case, in short, is that the accused persons including the petitioner committed murder of the son of the informant and removed his dead body.

It has been submitted on behalf of the petitioner that

Patna High Court CR. MISC. No.37707 of 2021(2) dt.29-03-2022 2/3 the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The petitioner and the deceased are agnates. Prior to the institution of the present case, vide Annexure 2 to the present application, a case was instituted against the deceased of the present case where it was alleged that the deceased of the present case had committed murder of the husband of his Shali. The motive was that there was a love affairs between the deceased of the present case and his Shali. So far present case is concerned, the informant is not an eye witness to the manner of the occurrence nor any specific overt act is alleged against him. Among the agnates, there is property dispute pending in the court below.

On behalf of the State, it is submitted that the petitioner is named in the complaint case/F.I.R. Considering the facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial

Patna High Court CR. MISC. No.37707 of 2021(2) dt.29-03-2022 3/3 Magistrate, Begusarai in connection with Balia P.S. case No.09 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T