Radhe Yadav @ Radhe Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48441 of 2022 Arising Out of PS. Case No.-123 Year-2022 Thana- HARLAKHI District- Madhubani ====================================================== RADHE YADAV @ RADHE KUMAR Son of Bhogendra Yadav Resident of Village - Kerawa, Police Station - Harlakhi, District - Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Jha For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 08-12-2022 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. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 302 and 201 read with section 34 of the Indian Penal Code. As per the prosecution case, there was a land dispute between the informant and the co-accused persons. On 02.05.2022, the informant's husband went out of the house but he did not return till 7 PM. On search the informant came to know that one dead body was found in Yamuna River which was identified as the deceased Rajeshwar Mahto. Upon

Patna High Court CR. MISC. No.48441 of 2022(2) dt.08-12-2022 2/3 inspection, marks of strangulation were found on the front part of the neck and blood and injuries were found on the back of the head. The informant has also claimed that the co-accused Ram Ekbal and Ram Sagar Mahto committed the murder of the informant's husband and threw his dead body in the said river. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. It is further submitted that the name of the petitioner has sprung up in the confessional statement of the co-accused Mukesh Kumar. The petitioner is also accused two other criminal cases which are related to excise Act as stated in para 3 of the bail petition. The petitioner is in custody since 25.05.2022.

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

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, Madhubani in connection with Harlakhi P.S. Case No. 123 of 2022.

Patna High Court CR. MISC. No.48441 of 2022(2) dt.08-12-2022 3/3 The application stands allowed.

(Chandra Prakash Singh, J) atul/ayush/- U T