Vikash Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4080 of 2021 Arising Out of PS. Case No.-357 Year-2019 Thana- RAJAOLI District- Nawada ====================================================== VIKASH YADAV S/o Mahavir Prasad Yadav R/o Village- Bhaijee Bhita, P.S.- Rajauli, District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sheo Kumar Prasad, Advocate For the Opposite Party/s :

Mr. Murlidhar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 12-04-2021 Heard Mr. Sheo Kumar Prasad, learned counsel for the petitioner and Mr. Murlidhar, learned Additional Public Prosecutor appearing for the State through video conferencing. Petitioner seeks regular bail in connection with Rajauli P.S. Case No. 357 of 2019 registered for the offences punishable under Sections 302, 201, 34 and 120(B) of the Indian Penal Code 1860.

The allegation as per the First Information Report is that the son of the informant had gone to forest to bring firewood but did not return and upon search, co-accused Dilip Manjhi disclosed that his son was killed by Pintu Prasad in his liquor Bhatti. It has further been alleged that the informant and others went to the place of occurrence and found the sleeper and rope of Manoj Prasad i.e. deceased. It has also been alleged that

Patna High Court CR. MISC. No.4080 of 2021(4) dt.12-04-2021 2/3 while the informant and other villagers were going in search of the deceased Manoj Prasad, co-accused Dilip Manjhi threatened the informant that if the name of Dilip Manjhi and his brother Babulal Manjhi would come in the First Information Report, they would kill the informant and others.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case along with 14 accused persons and from perusal of the First Information Report, no overt act has been alleged against the petitioner. Learned counsel further submits that Pintu Prasad, Babulal Manjhi, Rajo Yadav @ Rajendra Yadav and Dilip Manjhi against whom there was specific allegation, have been granted bail by by this Court as well as co-ordinate Benches of this Court in Cr. Misc. Nos. 39575 of 2020, 40146 of 2020, 9517 of 2020 and 6133 of 2021 respectively. Learned counsel next submits that as per the Postmortem Report, the deceased has died due to drowning.

Having regard to the submissions made by the parties and taking into consideration the materials on record and the fact that other co-accused persons have been granted bail by this Court as well as co-ordinate Benches of this Court, I am inclined to grant regular bail to the petitioner.

Patna High Court CR. MISC. No.4080 of 2021(4) dt.12-04-2021 3/3 Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawada, in connection with Rajauli P.S. Case No. 357 of 2019. It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J) S.Ali/- U T