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Patna High CourtCR. MISC./42091/2023allowed

Ranjan Yadav v. The State Of Bihar

2023-08-23Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42091 of 2023 Arising Out of PS. Case No.-930 Year-2022 Thana- ARA NAGAR District- Bhojpur ====================================================== Ranjan Yadav Son Of Rajendra Yadav Resident Of Village / Mohalla - Dharhara (AHIRPURWA), P.S. - Ara Nagar, District - Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Diwakar Mr. Shivam Kumar Mr. Deepak Kumar For the Opposite Party/s :

Mrs. Sucheta Yadav For the Infromant :

Mr. Ravindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-08-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 364, 302 and 34 of the Indian Penal Code.

3. As per FIR, the allegation against the accused persons including this petitioner is that they abducted the father of the informant and killed him due to money altercation.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is further submitted that there is no eye witness of the alleged occurrence and merely on

Patna High Court CR. MISC. No.42091 of 2023(3) dt.23-08-2023 2/3 the basis of suspicion, he has falsely been implicated in this case. It is further that the name of the petitioner came into light in this case during the course of investigation on the basis of confessional statement of co-accused persons before the police. Nothing has been recovered from the conscious possession of the petitioner. There is no specific overt act of commission of murder has been attributed against him. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 11.11.2022. Similarly situated several co-accused persons have already been granted bail by this Court vide order dated 17.07.2023. in Cr. Misc. No. 18593 of 2023 and order dated 24.07.2023 in Cr. Misc. No. 27139 of 2023.

5. Learned APP appearing for the state and learned counsel for the informant have opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Ara Nagar P.S. Case No. 930 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand)

Patna High Court CR. MISC. No.42091 of 2023(3) dt.23-08-2023 3/3 with two sureties of the like amount each to the satisfaction of learned C.J.M., Bhojpur at Ara.

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