Pintu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29672 of 2023 Arising Out of PS. Case No.-623 Year-2022 Thana- RAJAON District- Banka ====================================================== Pintu Yadav Son Of Late Saryug Yadav Resident Of Sujal Korma, Ps-Rajoun, Distt-Banka.

... ... Petitioner/S

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Brij Mohan Das, Advocate For the Opposite Party/s :

Ms. Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 14-07-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State.

2. Let the defect(s), if any, be removed within a period of four weeks from today.

3. The petitioner seeks bail in connection with Rajoun P.S. Case No. 623 of 2022 corresponding to G.R. No. 4210/2022 registered for the offence under Sections 120B, 201, 302 of the Indian Penal Code.

4. The accused/petitioner is named in the F.I.R. and is in custody since 30.12.2022.

5. The allegation against the petitioner is to commit murder of husband of informant alongwith other co-accused persons, where occurrence is arises out of previous money disputes.

Patna High Court CR. MISC. No.29672 of 2023(3) dt.14-07-2023 2/3

6. Learned counsel appearing on behalf of the petitioner submitted that the informant is not the eye-witness of the occurrence and entire implication is based upon suspicion as it is apparent from the narration of FIR itself. It is submitted that this is a maximum case of last seen, where no further corroborative material surfaced during the course of investigation which may convinced prima facie that petitioner committed the murder of the husband of informant. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and moreover, investigation of this case is completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

7. Learned APP, opposes the prayer of bail.

8. Considering the facts and circumstances as mentioned above as informant is not the eye-witness of the occurrence, where entire implication is based upon the suspicion, coupled with the fact that charge-sheet has already submitted, where petitioner is in custody since 30.12.2022, accordingly, petitioner above named, is directed to be released on bail in connection with Rajoun P.S. Case No. 623 of 2022 corresponding to G.R. No. 4210 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the

Patna High Court CR. MISC. No.29672 of 2023(3) dt.14-07-2023 3/3 like amount each to the satisfaction of learned C.J.M., Banka/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C.

(Chandra Shekhar Jha, J) veena/- U T