Patna High CourtCR. MISC./61803/2023allowed

Paltu Yadav v. The State Of Bihar

2023-12-13Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61803 of 2023 Arising Out of PS. Case No.-227 Year-2020 Thana- DHARHARA District- Munger ====================================================== PALTU YADAV S/O ARJUN YADAV R/O VILLAGE- MOHANPUR, POLICE STATION- DHARHARA, DISTRICT- MUNGER ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vikram Singh For the Opposite Party/s :

Mr.Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-12-2023 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 section 364, 34 of the Indian Penal Code later on Section 302, 201 of the IPC was also added.

3. As per FIR, the allegation against unknown miscreants is that they disappeared of her brother-in-law after assaulting and dragging him. It is further alleged that the the deceased had previous dispute with the petitioner and he could also be an associate of the alleged occurrence.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has

Patna High Court CR. MISC. No.61803 of 2023(3) dt.13-12-2023 2/2 committed no offence. The petitioner is not named in the FIR and he has falsely been implicated in this present case merely on the basis suspicion. The informant is not an eye witness of the alleged occurrence and there is no specific allegation levelled against the petitioner. During investigation out of five witnesses three witnesses have turned hostile. It is further submitted that the petitioner is languishing in judicial custody since 12.10.2022.

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

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Dharhara P.S. Case No. 227 of 2020 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge Munger. (Sunil Kumar Panwar, J) manishkumar/- U T