Raghunath Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43504 of 2023 Arising Out of PS. Case No.-194 Year-99 Thana- BAGHA District- West Champaran ====================================================== 1.
Raghunath Yadav Son Of Late Indradeo Yadav Village- Bhagaunapur PsDhanaha Dist- West Champaran Bettiah 2.
Mahesh Bin @ Sokha @ Mahesh Bind Son Of Khedan Bind VillageBhagaunapur Ps- Dhanaha Dist- West Champaran Bettiah ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Jitendra Narain Sinha For the Opposite Party/s :
Mr.Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-11-2023 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners have filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 364, 302/34 of the Indian Penal Code and Section 27 of Arms Act.
3. As per allegation in the FIR, informant came to know that between Parsa and Awarahiya Mor, a motorcycle and two dead bodies were lying on the ground. When the informant along-with other persons reached at the alleged place of occurrence, found the
Patna High Court CR. MISC. No.43504 of 2023(4) dt.06-11-2023 2/3 dead body of his Samadhi and one Tej Narayan Singh.
4. It is submitted by learned counsel for the petitioners that the petitioners are innocent and they have committed no offence. They have falsely been implicated in the present case. Neither the petitioners are named in F.I.R. nor the informant is eyewitness of the alleged offence. There is no consistent evidence against the petitioners and their name sprang up during investigation of the case. Moreover, the petitioners are languishing in judicial custody since 08.05.2023.
5. Learned APP appearing for the State has vehemently opposed the prayer for Bail.
6. Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail in connection with Bagaha P.S. Case No. 194 of
Patna High Court CR. MISC. No.43504 of 2023(4) dt.06-11-2023 3/3 1999 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Bagaha, West Champaran. (Sunil Kumar Panwar, J) Nirajkrs/- U T