Uma Shankar Yadav @ Lamboo v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52344 of 2023 Arising Out of PS. Case No.-111 Year-2023 Thana- BAKHTIYARPUR District- Patna ====================================================== Uma Shankar Yadav @ Lamboo Son Of Chandrika Rai @ Chandrika Prasad Residents Of Village- New Bypass, Raghopur, Ps- Bakhtiyarpur, Distt- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Kashyap For the Opposite Party/s :

Mr.Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302, 201, 34 of the Indian Penal Code.

3. According to the prosecution case, it is alleged that the petitioner is indulged in hatching conspiracy to kill the deceased Sajan Kumari in connivance with others accused persons and thereafter they threw her dead body near river.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is father of the deceased Sajan Kumari due to which he has falsely been implicated in this case. No one is eye witness of the alleged occurrence. During course of

Patna High Court CR. MISC. No.52344 of 2023(3) dt.09-10-2023 2/2 investigation, no direct evidence has come against the petitioner regarding murder of the deceased rather only suspicion has been raised against him. It is also submitted that a U.D. case bearing U.D. Case No. 2/2023 has already been lodged before the present FIR. No specific overt-act against the petitioner. The petitioner has got no criminal antecedent as stated in para-3 of the bail petition. Moreover, he is languishing in judicial custody since 21.5.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge him on bail. The above named petitioner is directed to be released on bail in connection with Bakhtiyarpur P.S. Case No. 111 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate III, Barh at Patna. (Sunil Kumar Panwar, J) Amandeep/- U T