Anil Yadav @ Golu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42551 of 2023 Arising Out of PS. Case No.-149 Year-2022 Thana- TETERHAT District- Lakhisarai ====================================================== Anil Yadav @ Golu Yadav Son Of Late Makeshwar Yadav Resident Of Village - Khairi, P.S. - Tetarhat, Distt. - Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumari Anupam For the Opposite Party/s :

Mr.Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-10-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code.

It is a case of commission of murder of the husband of the informant.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner is own son of the informant and deceased and only on the basis of suspicion, the petitioner has been roped in the present

Patna High Court CR. MISC. No.42551 of 2023(3) dt.12-10-2023 2/3 case as suspicion was raised that since his father disqualified him the share of the ancestral properties, he might have killed his father. The informant is not the eye witness to the occurrence nor any one has come forward to say that petitioner has killed his father. The petitioner is languishing in custody since 17.03.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner and submitted that petitioner has confessed his guilt and on the basis of his confessional statement, a sharp edged weapon (katta) was recovered which is said to have been used in committing murder. The independent witnesses also supported the case of the prosecution.

Considering the fact that there is specific accusation against the petitioner and he has confessed to kill his own father, this Court is not inclined to grant

Patna High Court CR. MISC. No.42551 of 2023(3) dt.12-10-2023 3/3 bail to the petitioner. The prayer for grant of bail to the petitioner stands rejected.

The Trial Court is directed to expedite the trial and conclude the same at the earliest, preferably within a period of nine months.

The petitioner will be at liberty to renew his prayer for bail, if the trial is not concluded within nine months.

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