Raj Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33030 of 2023 Arising Out of PS. Case No.-167 Year-2022 Thana- BAKHARI District- Begusarai ====================================================== RAJ KUMAR YADAV Son of Late Bahor Yadav Resident of Village- Badiya, PS- Bakhari, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vaishnavi Singh For the Opposite Party/s :

Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302, 120(B)/34 of the Indian Penal Code.

3. As per prosecution case, the petitioner is alleged to have demanded extortion of Rs. one lakh from the father of the informant earlier to the occurrence. Thereafter, on 25.5.2022, the dead body of the informant's father was found lying on the tractor in dead condition. The informant raised suspicion against the petitioner regarding murder of his father and lodged the FIR.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to money dispute. The

Patna High Court CR. MISC. No.33030 of 2023(3) dt.13-10-2023 2/2 informant raised only suspicion against the petitioner along with others for not paying one lakhs Rs. which was given to father of the informant. There is also no any documentary proof in respect of said money which was given to the petitioner. No one is eye witness of the alleged occurrence and no any consistent evidence has come against the petitioner regarding murder of the deceased. The petitioner has got no criminal antecedent and stated in para-3 of the bail petition and languishing in judicial custody since 1.3.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Considering the facts and circumstances of the case as well as custody period of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Bakhri P.S. Case No. 167 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Begusarai.

(Sunil Kumar Panwar, J) Amandeep/- U T