Upendra Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32180 of 2025 Arising Out of PS. Case No.-207 Year-2020 Thana- RANIGANJ District- Araria ====================================================== Upendra Yadav S/O Bindeshwari Yadav Resident of village- Kala Baluwa, Police Station- Raniganj, District- Araria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Amit Kumar Mishra, Adv.
For the Opposite Party/s :
Ms. Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-07-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in a case registered for offence under Sections 302, 201, 120B, 379 and 34 of the Indian Penal Code.
3. As per prosecution case, brother of informant was called by co-accused Gurudeo Yadav for mortgaging his maize crops and thereafter, he did not return. Subsequently, the dead body of informant's brother was found lying in the maize field of one Chunni Lal Sah and in course of investigation, towel of co-accused Gurudeo Yadav was found near the dead body. Informant alleges that all the F.I.R. named accused persons, including this petitioner, killed his brother.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.32180 of 2025(2) dt.18-07-2025 2/2 admittedly, informant is not eye-witness to the occurrence and dead-body of informant's brother was found in the maize field of one Chunni Lal Sah. Petitioner has been made accused in this case merely because he happens to be father of co-accused Gurudeo Yadav and co-accused Gurudeo Yadav has already been granted bail by a coordinate Bench of this Court, vide order dated 22.03.2022 passed in Cr.Misc. No. 44462 of 2021 (Annexure 2 series). Petitioner is in custody since 21.12.2024, having clean antecedent.
5. Learned A.P.P. for the State opposed the bail petition.
6. Considering the aforesaid facts and circumstances, let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned D.A.S.J. - IV, Araria / concerned Court in connection with Raniganj P.S. Case No. 207 of 2020 & SST Case No. 403 of 2023.
(Prabhat Kumar Singh, J) anay U T