Manoj Yadav @ Manoj Kumar @ Manoj Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31898 of 2022 Arising Out of PS. Case No.-128 Year-2021 Thana- BANMANKHI District- Purnia ====================================================== MANOJ YADAV @ MANOJ KUMAR @ MANOJ KUMAR YADAV S/o Late Durga Yadav Resident of Village- Sarswati Nagar, P.S.- Sarsi, DistrictPurnia. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N. K. Agrawal, Sr. Advocate Mr.Dr. Bidhu Ranjan, Advocate Mr. Kumar Rajdeep, Advocate For the State :

Mr.Nitya Nand Tiwary, App For the informant :

Mr. Ajit Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 17-03-2023 Heard learned Sr. counsel for the petitioner, the learned APP for the State as well as learned counsel for the informant.

Petitioner seeks regular bail in connection with Banmankhi P.S. Case No. 128 of 2021 registered for the offence(s) punishable under Sections 363, 302, 201/34 of the Indian Penal Code.

As per the prosecution, the informant's husband was abducted by this petitioner and later on victim was murdered. The main submissions advanced by the learned Sr. counsel for the petitioner are that in the instant matter there is no direct evidence to connect the petitioner to the alleged crime

Patna High Court CR. MISC. No.31898 of 2022(6) dt.17-03-2023 2/3 of murder, as per the FIR, the victim left his house along with this petitioner on 16.04.2021 and just two days after, his dead body was recovered regarding which Jadia P.S. Case No.79 of 2021 was lodged and from the FIR, no reason or motive on the part of the petitioner appears to suggest his involvement in the alleged crime and petitioner has been languishing in jail since 07.01.2022. Further submission is that there is no eye witness of the alleged murder and as per the FIR, there was cordial relation between the petitioner and the victim.

Learned counsel for the informant has vehemently opposed the bail prayer of the petitioner and submitted that the victim was lastly seen in the company of the petitioner and after the alleged incident, he remained abscond from his house for many days and as per the investigating officer, the petitioner was involved in the murder of his own wife and daughter and he had intimacy with the wife of the victim and all these circumstances are sufficient to show the petitioner's involvement in the alleged crime.

Heard the parties and perused the FIR and case diary of this case. The FIR goes to show that victim left his house along with this petitioner on 16.04.2021 and just two days after, his dead body was recovered and accordingly the victim was

Patna High Court CR. MISC. No.31898 of 2022(6) dt.17-03-2023 3/3 lastly seen in the company of the petitioner and after the victim left his house, the petitioner remained abscond from his house for some days and during investigation, it came into light that the petitioner had some intimacy with the wife of the victim and these circumstances go against the petitioner. Considering all these facts, it is not a fit case for bail to the petitioner. Accordingly, his bail prayer stands rejected. (Shailendra Singh, J) Sanjay/- U T