Arun Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64080 of 2021 Arising Out of PS. Case No.-337 Year-2020 Thana- DARBHANGA SADAR DistrictDarbhanga ====================================================== ARUN KUMAR YADAV Son of Sushil Kumar Yadav @ Sushil Yadav Resident of Village- Bajitpur, P.S.- Bahadurpur, District- Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajib Ranjan Jha For the Opposite Party/s :

Mr.Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 3.

15-04-2022 Heard learned counsel for the parties through video conferencing.

The petitioner seeks bail in a case registered for the offence under Sections 302, 120(B), 201 and 34 of the Indian Penal Code and Section 27 of the Arms Act.

As per the F.I.R., on 01.08.2020 at about 9:30 PM, petitioner no. 1 is alleged to have came at the house of informant and called her son, who thereafter accompanied him and on being asked by informant, he told that co-accused Raushan had called him and after meeting, he would return within half an hour, but he did not return and on the next day, the dead-body of son of informant was found at the railway line.

Patna High Court CR. MISC. No.64080 of 2021(3) dt.15-04-2022 2/2 The informant suspects that this petitioner alongwith other F.I.R. named accused persons have killed her son and thrown the dead-body on the railway track.

It is submitted on behalf of petitioner that petitioner has been falsely implicated in this case only on suspicion. Though, it is a case of 'last seen', but during course of investigation, no material has come to show involvement of this petitioner in the aforesaid crime. Petitioner claims clean antecedent and he is in custody since 10.08.2021. Learned counsel for the State and informant vehemently opposed the bail petition and submitted that the deceased was last seen with this petitioner and on the next day, the dead-body of deceased was found on the railway line and as such, the petitioner may not be extended the privilege of bail. Considering the aforesaid facts and circumstances, the bail petition of petitioner is rejected.

(Prabhat Kumar Singh, J) anay/- U T