Chhotiya Yadav @ Chhote Lal Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65969 of 2024 Arising Out of PS. Case No.-736 Year-2023 Thana- SUPAUL District- Supaul ====================================================== Chhotiya Yadav @ Chhote Lal Kumar Son of Sahdeo Yadav Resident of Mohalla- Ekama Ward No. 1, P.S. and District- Supaul ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Patla Kumari For the Opposite Party/s :
Mr.Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 25-04-2025 Heard learned counsel for the petitioner as well as learned APP for the State.
2. In this case, the petitioner is seeking regular bail in connection with Supaul P.S. Case No. 736 of 2023, registered for the offences punishable under Sections 302, 201 and 120(b) of the IPC.
3. The informant alleges that her son was taken away by her sister's son along with some unknown persons on the pretext of getting employment. It is further alleged that when the son of the informant did not come then she called this petitioner for getting the clue about her son but she did not get any knowledge in this regard. The informant further alleged that the petitioner along with others had killed his son under conspiracy.
Patna High Court CR. MISC. No.65969 of 2024(6) dt.25-04-2025 2/3
4. The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. He is Mausera brother of the deceased and for providing job, the petitioner took on his motorcycle. He has further submitted that the deceased was in a habit to consume intoxicants. He has also submitted that the post-mortem report shows that no external injury was found on the person of the deceased. He has next submitted that both the parties are relatives and from perusal of statement of the informant, it appears that there was cordial relation between the families and that is why, she permitted her son to go with the petitioner. He has submitted that the informant herself has stated in her farbeyan that her son was drug addict.
5. In the FIR, it has been mentioned that the deceased was a drug addict. There was no enmity between the petitioner and the deceased. So the motive for killing the deceased does not transpire from the materials, collected during course of investigation. The petitioner is a person of clean antecedent and is under custody since 27.12.2023 and there is no possibility of this appeal being taken up for final hearing in near future.
6. Considering the above-mentioned facts and circumstances as well as clean antecedent, let the petitioner
Patna High Court CR. MISC. No.65969 of 2024(6) dt.25-04-2025 3/3 above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions JudgeVIII, Supaul in connection with Supaul P.S. Case No. 736 of 2023, subject to the following condition that the petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.
(Nawneet Kumar Pandey, J) Nirmal/- U T