Lal Das Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4087 of 2018 Arising Out of PS.Case No. -71 Year- 2017 Thana -WAINA District- NALANDA (BIHARSHARIFF) ====================================================== Lal Das Yadav S/o Late Bulaki Yadav, R/o Village- Mari, P.S.- Ben, District- Nalanda.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Satya Ranjan Sinha For the Opposite Party/s : Mr. Sri Bharat Bhushan ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 17-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 25.08.2017 in connection with Ben P.S. Case No. 71 of 2017 for offences punishable under Sections 364/34 of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that her son Chandan Kumar was taken away by the petitioner and four others but he did not return, even after search he was traceless.

It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and has

Patna High Court Cr.Misc. No.4087 of 2018 (3) dt.17-02-2018 2/2 been falsely implicated in the aforesaid case only on account of previous enmity. He submits that the allegations are general and omnibus, the petitioner is 65 years of age and is languishing in judicial custody since nearly six months. He submits that chargesheet has already been submitted and there is no allegation of tampering of the prosecution witnesses by the petitioner. . However, learned APP for the State opposes the prayer for bail stating therein that the victim was last seen with the petitioner and others and thereafter he has become traceless although some of the witnesses have stated that they have already cremated the dead body.

Considering the facts and circumstances and the materials on record, I am not inclined to grant privilege of bail to the petitioner at this stage in connection with Ben P.S. Case No.71 of 2017 pending in the court of learned Chief Judicial Magistrate, Nalanda at Biharsharif.

The application is, accordingly, rejected.

(Nilu Agrawal, J) Devendra/- U T