Dinesh Yadav @ Dinesh Prasad Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51984 of 2022 Arising Out of PS. Case No.-582 Year-2021 Thana- MADHEPURA District- Madhepura ====================================================== Dinesh Yadav @ Dinesh Prasad Yadav Son Of Birohi Yadav Resident Of Village- Dubiyahi, P.S. Madhepura, District- Madhepura ... ... Petitioner/s
Versus
The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Nafisuzzoha,Advocate For the Opposite Party/s :
Mr.Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 24-02-2023 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.
Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner is apprehending his arrest in a case registered for the offences punishable under Section 302 read with Section 34 of the Indian Penal Code.
As per the prosecution case, the petitioner and the coaccused persons are alleged to have committed murder of the informant's husband and took away Rs. 10,000/-. Learned counsel for the petitioner has submitted that the petitioner is innocent and has been falsely implicated in this case. There is general and omnibus allegation against the petitioner. It
Patna High Court CR. MISC. No.51984 of 2022(4) dt.24-02-2023 2/2 has further submitted that the petitioner is Nandosi of the deceased. The informant in her statement recorded under Section 164 of the Cr.P.C has stated that the petitioner is not involved in the crime alleged. The petitioner has got clean antecedent as stated in para 3 of the bail petition.
Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.
Considering the aforesaid facts and circumstances of the case as well as the allegation being general and omnibus, let the above named petitioner, in the event of his arrest/ surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail bond of Rs. 20,000/-(Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Madhepura in connection with Madhepura P.S. Case No. 582 of 2021, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure. The application stands allowed.
(Chandra Prakash Singh, J) Gautam/- U T