Yugal Yadav @ Jugal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51129 of 2022 Arising Out of PS. Case No.-185 Year-2020 Thana- MOKAMAH District- Patna ====================================================== YUGAL YADAV @ JUGAL YADAV Son of Late Ramjee Yadav R/VKanhaipur P.S- Mokama, Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Pandey, Advocate For the Opposite Party/s :

Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 15-02-2023 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Mokama P.S. Case No. 185 of 2020 registered for the offence under Sections 147, 148, 149, 302 and 34 of the Indian Penal Code. The accused/petitioner is named in the F.I.R. and is in custody since 29.12.2020.

The allegation against the petitioner is to be a part of mob, which committed murder of son of the informant, where specific allegation raised as regard to firing against other named co-accused persons.

Patna High Court CR. MISC. No.51129 of 2022(3) dt.15-02-2023 2/3 Learned counsel appearing on behalf of the petitioner submitted that petitioner has falsely been implicated in this case as no overt act has been attributed to this petitioner being the part of mob. It is submitted that allegation of firing is not available against this petitioner. It is further submitted that petitioner involved in seven (7) more cases and for said reason, without having any connecting evidence, the petitioner was named in present case also, where petitioner is on bail in all those seven (7) cases. While concluding the argument, it is submitted that investigation of this case is complete, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP, while opposing the prayer of bail, fairly conceded that allegation as regard to firing is available against this petitioner.

In view of the facts and circumstances as mentioned above and by taking note of the fact as allegation of firing is not available against this petitioner coupled with the fact that charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Mokama P.S. Case No. 185 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with

Patna High Court CR. MISC. No.51129 of 2022(3) dt.15-02-2023 3/3 two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-Ist, Barh, DistrictPatna/concerned Court, subject to the conditions as laid down u/s 437(3) of the Cr.P.C.

(Chandra Shekhar Jha, J) R.S.Sen/- U T