Santosh Yadav @ Fucho Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72541 of 2021 Arising Out of PS. Case No.-481 Year-2019 Thana- KRITYANAND NAGAR DistrictPurnia ====================================================== Santosh Yadav @ Fucho Yadav Son Of Kare Yadav, Resident Of VillageParora, P.S.- K. Nagar, Distt.- Purnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Kumar Mallick, Advocate For the Opposite Party/s :

Mr. Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 22-12-2022 Let the defect, if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with K. Nagar P.S. Case No. 481 of 2019 lodged under Sections 363 and 365 of the I.P.C. and later on Sections 302, 201 and 120B of the I.P.C. added.

As per prosecution case, the informant has disclosed that she received information on phone that her husband is traceless since 23.11.2019 from his house. Upon search the informant received information that on 23.11.2019 at about 5.00 pm her husband went to drop his tractor driver in nearby village

Patna High Court CR. MISC. No.72541 of 2021(4) dt.22-12-2022 2/3 but thereafter he did not return. Informant disclosed four names with whom her husband was seen. She raised suspicion that there is a land dispute with the present petitioner and for that case is pending in court, therefore, she has disclosed her suspicion on six named accused persons including the present petitioner.

Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. Counsel further submits that from the content of F.I.R. it transpires that F.I.R. has been lodged on hear say material. He further submits that occurrence has alleged to take place on 23.11.2019 but lodged on 26.11.2019. Counsel further submits that antecedent of the petitioner is clean and he is in custody since 17.09.2021. Counsel further submits that charge has also been framed in this case on 19.05.2022.

Learned counsel further submits that there were six accused persons and out of six, four accused persons have been granted bail by the Co-ordinate Bench of this Court. Details of two cases have described in paragraph-13 of the petition whereas other co-accused has been granted bail in Cr. Misc. No. 2088 of 2022 vide order dated 07.12.2022.

Learned counsel for the State opposes the prayer for

Patna High Court CR. MISC. No.72541 of 2021(4) dt.22-12-2022 3/3 bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea in connection with K. Nagar P.S. Case No. 481 of 2019, subject to the conditions as laid down under Section 437(3) of Cr.P.C.. With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ravishankar/- U T