Sudarshan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48545 of 2021 Arising Out of PS. Case No.-90 Year-2021 Thana- JOGBANI District- Araria ====================================================== Sudarshan Yadav S/O Late Bindeshwar Yadav R/O Village- Mantuniya, P.S.- Baheri, District- Darbhanga, presently resident of Ward No. 11, Jogbani, P.S.- Jogbani, District- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Singh, Advocate and Mr.Raj Kumar, Advocate For the Opposite Party/s :

Mr.UN Pandit, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-01-2022 Heard learned counsel for the petitioner, the State and perused the case diary.

The petitioner seeks regular bail in registered for the offences punishable under sections 302/34 of the Indian Penal Code.

As per the prosecution case, this petitioner and two other accused persons, all named in the FIR, committed murder of son of the informant by strangulating his neck with rope and on the disclosure of the petitioner, nylon rope was recovered from the place of occurrence.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case on suspicion. Informant is not the eye witness of the

Patna High Court CR. MISC. No.48545 of 2021(3) dt.04-01-2022 2/2 occurrence. It is also the case of the petitioner that at the time of recovery of the dead body from the place of occurrence in the morning, nylon rope was not recovered, rather the same is said to have been recovered at 1.30 pm same day, which appears to be improbable. Petitioner has got clean antecedent as stated in paragraph 3 of the bail petition. Petitioner is in custody since 28.4.2021.

Learned counsel for the State opposes the prayer for bail and submits that the petitioner is named in the FIR along with his two associates. Further, as per paragraph 26 of the case diary, during course of investigation on the disclosure of the petitioner, 5 feet nylon rope has been recovered from the place of occurrence, suspected to be used in commission of murder. Besides this, other witnesses have also supported the prosecution case.

Considering the nature of accusation and the gravity of the offence, at this stage prayer for bail of the petitioner is refused.

(Prabhat Kumar Singh, J) shashi/- U T