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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46948 of 2024 Arising Out of PS. Case No.-15 Year-2024 Thana- SAHARGHAT District- Madhubani ====================================================== Uday Kumar @ Uday Kumar Yadav Son of Naval Kishore Yadav @ Naval Kishore Resident of Village- Dighiya Tola,P.S- Harlakhi, Dist- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jagjit Roshan, Advocate For the Informant : Mr. Ranjit Kumar Thakur, Advocate For the State :

Mr. Anant Kumar 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 21-09-2024 Heard Mr. Jagjit Roshan, learned counsel for the petitioner, Mr. Ranjit Kumar Thakur, learned counsel for the Informant and Mr. Anant Kumar 1, learned APP for the State.

2. Petitioner seeks bail, who is in custody since 12.03.2024, in connection with Saharghat P.S. Case No. 15 of 2024, F.I.R. dated 11.03.2024 registered for the offences punishable under Sections 201, 302 of the Indian Penal Code.

3. The F.I.R. of the occurrence of murder is against unknown.

4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has been falsely implicated in the present case. He further submits that he has been made accused merely on the ground that the petitioner was

Patna High Court CR. MISC. No.46948 of 2024(3) dt.21-09-2024 2/3 in relation with the third wife of the deceased namely Puja Thakur and there is no eye witness of the alleged occurrence and except suspicion, no other cogent material has come during investigation to suggest the involvement of the petitioner in the present occurrence. He further submits that the police after investigation submitted chargesheet against the petitioner and the petitioner is in custody since 12.03.2024.

5. The learned Additional Public Prosecutor for the State as well as learned counsel for the Informant, vehemently opposed the prayer for bail of the petitioner and submits that it has come during investigation that the petitioner was in touch with co-accused Puja Thakur who happens to be the third wife of the deceased.

6. Considering the facts and circumstances of the case and the fact that the petitioner having clean antecedent and no cogent material has come during investigation against the petitioner except the suspicion, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Benipatti, Madhubani in connection with Saharghat P.S. Case No. 15 of 2024, subject to the following conditions :-

Patna High Court CR. MISC. No.46948 of 2024(3) dt.21-09-2024 3/3

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Ibrar//- U T