Sharma Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56691 of 2023 Arising Out of PS. Case No.-292 Year-2023 Thana- RAXAUL District- East Champaran ====================================================== 1.

Sharma Yadav Son Of Late Mahadev Rai Resident Of Village - Haraiya, P.S. - Raxaul (HARAIYA O.P.), District - East Champaran 2.

Harishankar Yadav Son Of Late Mahadev Rai Resident Of Village - Haraiya, P.S. - Raxaul (haraiya O.P.), District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-11-2023 Heard learned counsel for the petitioners, informant and learned A.P.P appearing on behalf of the State.

The petitioners are languishing in custody in a case registered for the offences punishable under Sections 302, 201, 34 of the Indian Penal Code. It is a case of commission of murder of the brother of the informant.

It is submitted by learned counsel for the

Patna High Court CR. MISC. No.56691 of 2023(4) dt.29-11-2023 2/3 petitioners that petitioners are innocent and they have falsely been implicated in this case. The informant is not the eye witness to the occurrence nor anybody else has claimed to have seen the occurrence. The petitioners have been made accused since the deceased was having love affairs with the daughter of petitioner No. 1. During investigation also, no consistent material evidence was collected against the petitioners to connect them with the present case. The petitioner is languishing in custody since 18.06.2023.

In contra, learned counsel appearing on behalf of the informant and learned A.P.P appearing on behalf of the State have vehemently opposed the prayer for bail of the petitioners.

Considering the facts aforesaid and the period under custody, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) each with two sureties of the like amount each to the satisfaction of learned Sub-

Patna High Court CR. MISC. No.56691 of 2023(4) dt.29-11-2023 3/3 Divisional Judicial Magistrate, Raxaul, East Champaran in connection with Raxaul (Hariya O.P) P.S. Case No. 292 of 2023.

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