Shaligram Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69061 of 2021 Arising Out of PS. Case No.-587 Year-2020 Thana- AMARPUR District- Banka ====================================================== Shaligram Yadav Son of Bindeshwari Yadav Resident of Village- Bhaluar (Kapri Tola), P.S.- Amarpur, District- Banka. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjan Kumar Jha For the Informant : Mr. Pankaj Kumar For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-03-2022 Heard both parties.

The petitioner seeks bail in Amarpur P.S. Case No. 587 of 2020, registered for the offence punishable under Sections 302, 120(B), 34 of the Indian Penal Code and sections 25(1-b)a, 26 and 35 of the Arms Act.

As per the prosecution case, while the son of informant was returning home, this petitioner along with other co-accused persons committed his murder. It is further alleged that prior to the alleged occurrence all the FIR named accused persons including this petitioner had threatened the deceased with dire consequences.

It is submitted on behalf of the petitioner that informant is not eye-witness of the occurrence. Only on

Patna High Court CR. MISC. No.69061 of 2021(2) dt.03-03-2022 2/2 suspicion and old enmity petitioner has been made accused in this case. Save and except suspicion, there is no direct or indirect material in the entire case diary which shows his complicity in the alleged occurrence. Similarly situated coaccused Lalu Yadav @ Lalu Kumar Yadav has been granted bail by this Court vide order dated 28.10.2021 passed in Cr. Misc. No. 42246 of 2021. Petitioner claims clean antecedent and he is in custody since 27.08.2021. Investigation is complete. Counsel for the Informant however vehemently opposed the prayer for bail and submitted that petitioner is named in the FIR.

Considering the facts and circumstances of the case, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Banka in connection with Amarpur P.S. Case No. 587 of 2020.

(Prabhat Kumar Singh, J) vinita/- U T