Krishna Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60480 of 2023 Arising Out of PS. Case No.-71 Year-2021 Thana- JAYNAGAR District- Madhubani ====================================================== Krishna Kumar Yadav S/O Ghanshyam Yadav R/O Village- Khairamath, Ps. Jainagar, Dist. Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gagandeo Yadav For the Opposite Party/s :

Mr.Rajendra Prasad Nat For the Informant :

Mr. Sanjay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 364 and 34 of the Indian Penal Code and later on Sections 302 and 201 of the IPC.

3. 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.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is further submitted that there is no eye witness of the alleged occurrence and none of the

Patna High Court CR. MISC. No.60480 of 2023(2) dt.12-09-2023 2/2 witness who have examined during the course of investigation, has claimed to have seen the petitioner to commit murder of the husband of the informant. Nothing consistent evidence has come against the petitioner. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Similarly situated other co-accused person has already been granted bail by this Court vide order dated 09.02.2023 in Cr. Misc. No 61778 of 2022. Moreover, the petitioner is languishing in judicial custody since 20.05.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, 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 C.J.M., Madhubani.

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