Harendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55020 of 2022 Arising Out of PS. Case No.-125 Year-2022 Thana- ADAPUR District- East Champaran ====================================================== 1.

Harendra Yadav Son Of Late Churaman Yadav R/V- Kachubari, P.S- Harpur, Dist- East Champaran 2.

Parmila Devi Wife Of Channu Yadav R/V- Kachubari, P.S- Harpur, DistEast Champaran 3.

Sanjay Yadav Son Of Late Jagdish Yadav R/V- Kachubari, P.S- Harpur, DistEast Champaran 4.

Vijay Yadav Son Of Late Jagdish Yadav R/V- Kachubari, P.S- Harpur, DistEast Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Krishna Kant Singh For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-03-2023 Heard learned counsel for the petitioners, learned counsel for the informant and learned APP for the State.

The petitioners have filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 302, 201/34 of the Indian Penal Code.

The prosecution case in nutshell is that due to land dispute petitioners committed murder of informant's

Patna High Court CR. MISC. No.55020 of 2022(3) dt.14-03-2023 2/3 son, namely, Bharat Yadav and one Manish Kumar. It is submitted by learned counsel for the petitioners that the petitioners are innocent and they have committed no offence. They have falsely been implicated in the present case in the background of land dispute. It is also submitted that there is no prima facie material to show that at any point of time the petitioners were seen in the company of the deceased prior to his death. Informant is not an eye witness of the alleged occurrence. There is no consistent evidence against the petitioners. It is further submitted that since the informant admitted about enmity with the petitioners due to land dispute and earlier a case was lodged also so there is no question of going of the informant's son in the company of the accused persons. Moreover, the petitioners are languishing in judicial custody since 29.04.2022.

Learned APP appearing for the State and learned counsel for the informant have vehemently

Patna High Court CR. MISC. No.55020 of 2022(3) dt.14-03-2023 3/3 opposed the prayer for Bail and submitted that it is a case of double murder.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, this Court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail in connection with Adapur P.S. Case No. 125 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., East Champaran, Motihari.

(Sunil Kumar Panwar, J) nirajkrs/- U T