Kuldeep Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37427 of 2020 Arising Out of PS. Case No.-205 Year-2018 Thana- BAUNSI District- Banka ====================================================== KULDEEP YADAV S/O LATE JAGDISH YADAV R/O VILLAGE - BAKHADDA, P.S.- RAJOUN, DISTRICT - BANKA ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Daya Shankar Prasad Sinha, Advocate Mr. Shyameshwar Dayal, Advocate For the Opposite Party/s :
Mr. Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 02-02-2021 Heard Mr. Daya Shankar Prasad Sinha, learned Counsel for the petitioner and Mr. Nand Kishore Prasad, learned Additional Public Prosecutor for the State.
This application, for grant of regular bail, arises out of Sessions Trial No.295 of 2019, arising out of Bounsi @ Baunsi Police Station Case No. 205 of 2018, disclosing offence under Section 302/34 of the Indian Penal Code. The allegation, as per the First Information Report is that son of the informant went along with one Mithun Yadav to Basukinath on the tempo of Kuldeep Yadav and subsequently on 17.08.2018, the daughter-in-law of the informant got an information that the son of the informant met with an accident. On this information, when the daughter-in-law of informant
Patna High Court CR. MISC. No.37427 of 2020(3) dt.02-02-2021 2/3 visited the hospital, she found dead body of Vikas Kumar Yadav, i.e., son of the informant.
Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case due to oblique motive. Learned counsel next submits that the deceased has met with an accident due to which he died in hospital and allegation against the petitioner is vague and not specific. Learned counsel also submits that this is second attempt for bail on behalf of the petitioner inasmuch as earlier the bail application of the petitioner was rejected by a coordinate Bench of this Court in Cr.Misc. No.54256 of 2019 vide order dated 18.12.2019 giving the petitioner liberty to renew his prayer for bail after nine months. Learned counsel next submits that more than nine months have passed and the petitioner is in custody since 27.03.2019.
Having regard to the submissions made by the parties and taking into consideration the materials on record and the observation of the coordinate Bench of this Court that the petitioner may renew his prayer for bail after nine months, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, Kuldeep Yadav, be
Patna High Court CR. MISC. No.37427 of 2020(3) dt.02-02-2021 3/3 released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-I, Banka, in connection with Sessions Trial No.295 of 2019, arising out of Bounsi @ Baunsi Police Station Case No. 205 of 2018. (Anil Kumar Sinha, J.) sanjeev/- U T