Rajendra Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31041 of 2023 Arising Out of PS. Case No.-312 Year-2015 Thana- TEKARI District- Gaya ====================================================== Rajendra Yadav Son of Late Kali Charan Yadav Resident of VillageRambigha, P.S.- Belaganj, District-Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nagendra Sharma, Advocate For the Opposite Party/s :
Mr. Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 06-07-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks bail in connection with Tekari P.S. Case No. 312 of 2015 registered for the offence under Section 302/201/34 of the Indian Penal Code.
The accused/petitioner is named in the F.I.R. and is in custody since 25.01.2023.
The allegation against this petitioner is to commit murder of son of informant alongwith other co-accused persons by using sharp cut weapons, where dead body was cut into multiple pieces, where occurrence arises out of longstanding previous enmities.
Patna High Court CR. MISC. No.31041 of 2023(2) dt.06-07-2023 2/3 Learned counsel appearing on behalf of the petitioner submitted that apparently, informant is not the eye witness of the occurrence, where on the basis of suspicion due to previous enmities named falsely with present case. It is submitted that save and except suspicion of the informant, who is not the eye witness of the occurrence, nothing appears incriminating against this petitioner during the course of investigation. It is further submitted that similarly situated co-accused, namely Gaya Yadav has already granted bail by one of the learned co-ordinate Bench of this Court through Cr. Misc. No. 37660 of 2021 vide order dated 12.05.2022. While concluding the argument, it has been submitted that petitioner is a man of clean antecedent and moreover, investigation of this case is completed, for which charge-sheet has already submitted, as such, there is no chance of tampering with the evidence.
Learned APP opposes the prayer of bail.
Considering the facts and circumstances as mentioned above, and by taking note of the fact as save and except suspicion nothing incriminating appears against this petitioner, where informant is not the eye witness of the occurrence, coupled with the fact that charge-sheet has already submitted, where petitioner is in custody since 25.01.2023, accordingly the
Patna High Court CR. MISC. No.31041 of 2023(2) dt.06-07-2023 3/3 petitioner, above named, is directed to be released on bail in connection with Tekari P.S. Case No. 312 of 2015 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 Chief Judicial Magistrate-VI, Gaya/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C.
(Chandra Shekhar Jha, J) Archana/- U T