Patna High CourtCR. MISC./43967/2023bail granted

Pramod Yadav v. The State Of Bihar

2023-07-31Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43967 of 2023 Arising Out of PS. Case No.-90 Year-2021 Thana- JOGBANI District- Araria ====================================================== PRAMOD YADAV Son of Bhikhari Yadav Resident of village - Posdaha, P.S. - Narpatganj, Distt. - Araria ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Gopal Kumar Jha, Adv For the Opposite Party/s :

Mr. Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 31-07-2023

1. Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioner and learned A.P.P. for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Jogbani P.S. Case No. 90 of 2021 dated 27.04.2021 registered for the offence punishable u/s 302 read with section 34 of the Indian Penal Code.

4. As per the prosecution case, the petitioner and coaccused persons in connivance with one another are alleged to have committed murder of the son of the informant.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the

Patna High Court CR. MISC. No.43967 of 2023(2) dt.31-07-2023 2/2 petitioner. Nothing incriminating material has been recovered from the conscious possession of the petitioner. The name of the petitioner has surfaced on the basis of confessional statement of co-accused Sudarshan Yadav. There is no eye witness of the occurrence. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 17.02.2023.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Araria in connection with Jogbani P.S. Case No. 90 of 2021.

8. The application stands allowed.

(Chandra Prakash Singh, J) Alok Verma/- U T