Nitish Kumar @ Baodhu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71636 of 2021 Arising Out of PS. Case No.-292 Year-2020 Thana- BARH District- Patna ====================================================== NITISH KUMAR @ BAODHU YADAV Son of Ramashray Yadav Resident of Village - Purani Barh, Ward No.16, P.S.- Barh, Distt.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Priyanka Singh For the Opposite Party/s :

Mr.Rajiv Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-04-2022 Heard learned counsel for the parties.

Petitioner prays for bail in Barh P.S. Case No. 292 of 2020, registered for the offence under Sections 364, 302, 201, 34, 120-B of the Indian Penal Code.

As per the prosecution case, on 05.08.2020 at about 9:00 PM, petitioner alongwith other FIR named co-accused came to the house of the informant and took his son and nephew with them and later on dead-body of both of them were recovered.

It is submitted on behalf of petitioner that only on suspicion, petitioner has been made accused. Informant is not eye-witness to the occurrence. Informant is not the eye witness of the occurrence. Petitioner has been made accused on the basis of suspicion. Co-accused Ranjit Yadav and Gaurab Yadav

Patna High Court CR. MISC. No.71636 of 2021(3) dt.28-04-2022 2/2 have already been granted bail by this Court, vide order dated 28.10.2021 passed in Cr.Misc. No. 35564 of 2021 and order dated 04.01.2022 passed in Cr.Misc. No. 43772 of 2021 respectively. Petitioner is in custody since 09.08.2020. Learned A.P.P. for the State has opposed the bail petition.

Considering the aforesaid facts and circumstances, the bail petition of petitioner is allowed. Let the above named 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 A.C.J.M., Barh (Patna) in connection with Barh P.S. Case No. 292 of 2020. (Prabhat Kumar Singh, J) shashi/- U T