Ramesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39489 of 2023 Arising Out of PS. Case No.-209 Year-2021 Thana- SAHPUR District- Bhojpur ====================================================== Ramesh Yadav S/O Mundrika Yadav R/O Ward No. 08, Shahpur, P.SShahpur, Distt.- Bhojpur, Bihar- 802165 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Kumar For the Opposite Party/s :

Mr.Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-09-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 302 and 34 of the Indian Penal Code. The allegation against the petitioner is to commit murder of son of the informant for neighbourhood disputes along with other co-accused persons.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and has committed no offence. He has falsely been implicated in the present case merely on suspicion due to village politics. There is land dispute between the parties and no eye witness to the alleged occurrence as alleged in the F.I.R. General and omnibus allegation has been

Patna High Court CR. MISC. No.39489 of 2023(3) dt.13-09-2023 2/2 levelled against the petitioner and no specific allegation of assault has been attributed against him. During investigation, no direct or indirect evidence has come against the petitioner which shows his involvement in the present occurrence. Similarly situated other co-accused has already been enlarged on bail by this Court vide order dated 02.01.2023 passed in Cr. Misc. No. 12015 of 2022. The petitioner is languishing in judicial custody since 14.11.2022.

Learned APP appearing for the State and learned counsel for the informant have vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Shahpur P.S. Case No. 209 of 2021 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-1st, Ara (Bhojpur), Bihar. (Sunil Kumar Panwar, J) lata/- U T