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Patna High CourtCR. MISC./55474/2024allowed

Bhuar Yadav v. The State Of Bihar

2025-04-08Mr. Justice Ashok Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55474 of 2024 Arising Out of PS. Case No.-563 Year-2023 Thana- GOVINDGANJ District- East Champaran ====================================================== Bhuar Yadav Son of Late Rajdev Yadav R/o Village- Manapur, P.S.- Govindganj, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 08-04-2025 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 363, 364 and 34 of the Indian Penal Code.

3. The case of the prosecution is that the brother of the informant was missing. When the informant asked from Ramesh Mukhiya, where he was working from two-three years, Ramesh Mukhiya told that he along with petitioner and others has killed Tuntun Sahani.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has

Patna High Court CR. MISC. No.55474 of 2024(7) dt.08-04-2025 2/3 falsely been implicated in this case. In this case, the body of Tuntun Sahani is not yet recovered. In this regard, S.P., Motihari has also filed a counter affidavit wherein he has stated that every endeavour has been made by him to recover the body of Tuntun Sahani. The material which has come during investigation does not suggest the involvement of this petitioner. The role of the petitioner in this case is dubious. Moreover, he is languishing in judicial custody since 17.05.2024.

5. Learned APP appearing for the State and learned counsel for the informant have opposed the prayer of regular bail. Learned counsel for the informant has submitted that from perusal of the diary, it also transpires that in para-6 and para-7 of the diary, the witnesses have supported the statement of the informant. He further submitted that petitioner is having six criminal antecedent and he is a veteran criminal.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Govindganj P.S. Case No. 563 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like

Patna High Court CR. MISC. No.55474 of 2024(7) dt.08-04-2025 3/3 amount each to the satisfaction of learned A.C.J.M., Ist, Motihari, East Champaran.

(Ashok Kumar Pandey, J) Shubham/- U T