Mohan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53140 of 2022 Arising Out of PS. Case No.-153 Year-2022 Thana- JHAJHA District- Jamui ====================================================== MOHAN YADAV Son of Late Harkhu Yadav Resident of Village - Piruadih, P.S.- Jhajha, District - Jamui.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar Sinha For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 364, 120(B), 34 of the Indian Penal Code and later on added sections 302, 201 of I.P.C, According to the FIR, it is alleged that the petitioner is indulged in hatching conspiracy to kill the informant's son namely, Ranjit Kumar Yadav in connivance with others accused persons.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner is cousin father-in-law of the deceased and he has no concern with the

Patna High Court CR. MISC. No.53140 of 2022(6) dt.04-07-2023 2/2 deceased or his family members. There is no eye witness of the alleged occurrence. During course of investigation, the dead body has been found in hanging by a tree but no consistent material has come on record which suggests the complicity of the petitioner in commission of this offence. The entire prosecution hings around merely on suspicion. It is further submitted that the petitioner is languishing in judicial custody since 28.6.2022.

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

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 the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Jhanja P.S. Case No. 153 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jamui.

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