Kishore Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62851 of 2023 Arising Out of PS. Case No.-168 Year-2022 Thana- SONBERSHA RAJ District- Saharsa ====================================================== Kishore Yadav S/O Ravindra Yadav R/O Village- Amritagarh, P.S- Sonbarsa Raj, Distt.- Saharsa.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

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

Mr.Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 302 of the Indian Penal Code and Section 27 of Arms Act.

Prosecution case in nutshell is that informant and his family members went to sleep after taking meal. His father along with his two sons was sleeping at the cot at door. It is further alleged that around 1 A.M. informant heard a loud sound and when he went to awaken his father, he found him dead and soaked in

Patna High Court CR. MISC. No.62851 of 2023(3) dt.19-12-2023 2/3 blood. On verification, informant found that his father has been murdered by unknown persons by gunshot injury on his head.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. F.I.R. has been lodged against unknown and the name of petitioner arrayed during investigation of this case. Informant in his restatement raised suspicion against the petitioner as deceased had called the mother of petitioner "Witch" and restrained her from taking water from the hand pump situated in the house of informant. Except suspicion there is no any evidence against the petitioner. There is no eye witness of the alleged offence. It is further submitted that charge has been framed in this case. Moreover, the petitioner is languishing in judicial custody since 15.03.2023.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Patna High Court CR. MISC. No.62851 of 2023(3) dt.19-12-2023 3/3 Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Sonbarsa Raj P.S. Case No. 168 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge III, Saharsa.

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