Kishun Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61820 of 2024 Arising Out of PS. Case No.-95 Year-2020 Thana- JHAJHA District- Jamui ====================================================== Kishun Yadav Son of Late Bhuneshwar Yadav Resident of Village - Mangrar, P.S.- Laxmipur, District - Jamui.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satya Prakash Parasar, Advocate For the Opposite Party/s :

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 20-09-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Jhajha P.S. Case No.95 of 2020 instituted under Sections 364, 365, 302, 201, 120B and 34 of the Indian Penal Code.

3. As per prosecution case, the husband of the informant had gone to Basmatta but he did not return.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that during investigation, some conversations were taken place near the recovery of dead body of the husband of the informant by using the SIM card which was issued in the name of the petitioner, who is 86 years old. It

Patna High Court CR. MISC. No.61820 of 2024(2) dt.20-09-2024 2/3 is further submitted that the SIM card of the petitioner was missing but the petitioner being an old person did not lodge a complaint regarding missing of his SIM card but only on the basis of suspicion, the name of the petitioner has been dragged in the present case. Petitioner is not named in the F.I.R. The petitioner has no concern with the suspected co-accused and there is no motive assigned against the petitioner behind the commission of murder of the deceased. Similarly situated coaccused Anil Yadav has been granted anticipatory bail by the coordinate bench of this Court vide order dated 04.08.2022 in Cr.Misc.No.8931 of 2022. The petitioner has no criminal antecedent and he undertakes to cooperate in the investigation.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties and advance age of petitioner, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner 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 learned Chief Judicial Magistrate, Jamui in connection with Jhajha P.S. Case No.95 of 2020, subject to the conditions as laid

Patna High Court CR. MISC. No.61820 of 2024(2) dt.20-09-2024 3/3 down in Section 438(2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) Harish/- U T