Bhoni Yadav @ Kamdhin Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50304 of 2024 Arising Out of PS. Case No.-104 Year-2015 Thana- BARH District- Patna ====================================================== Bhoni Yadav @ Kamdhin Yadav Son of Late Subhash Yadav VILLAGESOEMA, P.S.- BARH, DISTT.- PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Premchandra Yadav, Adv.

For the Opposite Party/s :

Mr.Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 31-07-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Barh P.S. Case No. 104 of 2015 dated 21.03.2015 registered for the offences punishable u/ss 147, 148, 149, 302, 201, 120B of the Indian Penal Code and Section 27 of the Arms Act.

3. As per the prosecution case, the petitioner and the coaccused persons are alleged to have killed the cousin brother, namely, Anant @ Anatu Yadav of the informant on account of previous enmity and his dead body was concealed.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has been made accused in this case merely on suspicion. There is no specific allegation against the petitioner rather

Patna High Court CR. MISC. No.50304 of 2024(2) dt.31-07-2024 2/2 the allegation is general and omnibus. The co-accused person has already been granted regular bail by the Coordinate Bench of this court vide order dated 24.07.2015 passed in Cr. Misc. No. 26056 of 2015. It is further submitted that the petitioner has no concern with the alleged offence. The petitioner has three criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 06.07.2023.

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

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-named, 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, Barh in connection with Barh P.S. Case No. 104 of 2015 with the condition :- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T