Pankaj Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66041 of 2021 Arising Out of PS. Case No.-92 Year-2021 Thana- BEERPUR District- Begusarai ====================================================== PANKAJ YADAV Son of Chhatthu Yadav @ Chhathu Yadav Resident of village - Dih, P.S.- Birpur, District - Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar Choudhary For the Opposite Party/s :

Mr. Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-04-2022 Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Section 302/34 of the Indian Penal Code.

As per the prosecution case, on 15.07.2021 at about 2 AM, this petitioner along with other FIR named accused persons came at the house of the informant and took the deceased with them and proceeded to attend marriage ceremony. When the deceased did not return the informant went to search him in Barati but he was not found there. At 5 AM on the next date, i.e., 16.07.2021 dead body of deceased was found hanging from the roof. The informant suspects that this petitioner along with other accused persons committed the murder of the deceased. Learned counsel appearing for the petitioner submits

Patna High Court CR. MISC. No.66041 of 2021(3) dt.21-04-2022 2/2 that petitioner is innocent and has falsely been implicated in the case. It is submitted that occurrence took place on 15.07.2021 but the written application was lodged on 18.07.2021, after lapse of two days, and there is no explanation for such delay. There is no eye witness of the occurrence and petitioner has been implicated in this case due to some monetary dispute between the accused persons and the deceased. It is next submitted that police after investigation submitted charge sheet u/s 306 of the IPC. Petitioner claims clean antecedent and is in custody since 28.08.2021 and investigation in this case is complete.

Learned counsel appearing for the State opposes the prayer for bail.

Considering the facts of the case and the period of custody of the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-VI, Begusarai in connection with Birpur PS case No.92/2021. (Prabhat Kumar Singh, J) BKS/- U T