Mahendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61778 of 2022 Arising Out of PS. Case No.-71 Year-2021 Thana- JAYNAGAR District- Madhubani ====================================================== Mahendra Yadav Son Of Late Shiv Shankar Yadav R/O Village- Khairamath, P.S.- Jainagar, Distt.- Madhubani ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Nagendra Kumar For the Opposite Party/s :

Mr.Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-02-2023 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, 302, 201/34 of the Indian Penal Code.

As per prosecution case, the petitioner along with coaccused persons forcibly took away the husband of the informant on four wheeler vehicle towards south. Informant suspects that they might have killed her husband. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this present case inasmuch the coaccused, Pradeep Kumar, has filed a complaint case against the husband of the informant in connection with Complaint Case No. 448 of 2020. It is further submitted that there is no eye

Patna High Court CR. MISC. No.61778 of 2022(2) dt.09-02-2023 2/2 witness and none of the witness who have been examined during the course of the investigation as claimed to have seen this petitioner killed the husband of the informant. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. Similarly situated co-accused namely, Jageshwar Yadav has already been granted bail by a coordinate bench of the court vide order dated 13.12.2021 in Cr. Misc. 43198 of 2021. It is further submitted that the petitioner is languishing in judicial custody since 24.6.2022. 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, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Jainagar P.S. Case No. 71 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Madhubani.

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