Radhe Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59983 of 2022 Arising Out of PS. Case No.-222 Year-2019 Thana- DHAMDAHA District- Purnia ====================================================== RADHE YADAV Son of Saurav Yadav @ Saukhi Yadav R/V- Bajraha Diyara, P.S- Dhamdaha, Dist- Purnea ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bhola Prasad For the Opposite Party/s :
Mr. Raj Ballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-02-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 147, 148, 149, 447, 341, 323, 324, 307, 302, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act.
As per prosecution, it is a case of commission of murder of the cousin brother of the informant Mantu Yadav. The allegation against the petitioner is that on calling criminals and providing arms to them, occurrence took place. Learned counsel for the petitioner submits that the petitioner has got no criminal antecedent. He has falsely been implicated due to land dispute between the parties. There is no specific allegation of assaulting and commission of murder
Patna High Court CR. MISC. No.59983 of 2022(2) dt.07-02-2023 2/2 against the petitioner. Similarly situated co-accused namely Subodh Yadav and Yogesh Yadav have been granted bail vide Cr. Misc. No. 85877/2019 and Cr. Misc. No. 64357/2021. Petitioner is languishing in judicial custody since 30.06.2022. Learned APP appearing for the State has opposed the prayer of regular bail.
Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Dhamdaha P.S. Case No. 222 of 2019, 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., Purnea. (Sunil Kumar Panwar, J) Ranjeet/- U T