Chhabli Yadav @ Chhabil Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48875 of 2024 Arising Out of PS. Case No.-502 Year-2023 Thana- RAJAON District- Banka ====================================================== 1.
CHHABLI YADAV @ CHHABIL YADAV S/O YOGENDRA YADAV 2.
BABLU KUMAR @ BABLU YADAV S/O YOGENDRA YADAV 3.
DABLU YADAV S/O YOGENDRA YADAV All are R/O VILLAGE- CHAKRAUSHAN, P.S- RAJAUN, DISTT.- BANKA.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Binay Kumar, Advocate For the Opposite Party/s :
Mr.Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 14-08-2024 Heard Mr. Binay Kumar, learned counsel appearing on behalf of the petitioners and Mr. Surendra Prasad Singh, learned APP for the State.
2. The petitioners seek pre-arrest bail in connection with Rajoun P.S. Case No. 502 / 2023 registered for the offence(s) punishable under Sections 302, 120(B) of the Indian Penal Code.
3. As per the allegation made in the FIR, the accused persons named therein were last seen with the deceased son of the informant, who had called him for participating in a Panchyati in respect of a mobile phone and thereafter the son of the informant was found dead. Informant has alleged that the
Patna High Court CR. MISC. No.48875 of 2024(2) dt.14-08-2024 2/2 petitioners along with other co-accused have committed murder of his son by hatching a conspiracy.
4. Learned counsel appearing on behalf of the petitioners submitted that there is no eye-witness of the occurrence and the allegation is merely on the basis of suspicion. He further submitted that it is a case of circumstantial evidence and considering the fact that the Panchayti was held day before the said incidence and dead body of the son of the informant was found near a railway line, the petitioners have been implicated in a false case. Petitioners have clean antecedents.
5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.
6. Having considered the rival submission made on behalf of the parties, as well as, the seriousness of the offence of commission of murder of the son of the informant, I am not inclined to grant pre-arrest bail to the petitioners. Accordingly, the present bail application stands dismissed. (Purnendu Singh, J) Sanjay/- U T