Patna High CourtCR. MISC./678/2022bail rejected

Chhotelal Yadav @ Chotelal Yadav v. The State Of Bihar

2022-07-21Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.678 of 2022 Arising Out of PS. Case No.-83 Year-2021 Thana- GOVINDPUR District- Nawada ====================================================== CHHOTELAL YADAV @ CHOTELAL YADAV S/o Jagdeo Yadav R/o village- Baksoti, P.S.- Govindpur, District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun Kumar Arun For the Opposite Party/s :

Mr.Murli Dhar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-07-2022 Heard learned counsel for the petitioner, the State and the informant.

Petitioner apprehends his arrest in a case registered for the offence punishable under Sections 302, 201, 120(B) of the Indian Penal Code.

As per the prosecution case, 13 FIR named accused persons, in a planned manner, cut the neck of the informant's brother and threw the dead body in the river. Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case on the basis of suspicion raised against this petitioner due to previous enmity. Petitioner is not named in the FIR and no motive has been assigned against the petitioner. Learned counsel appearing for the State as well as the

Patna High Court CR. MISC. No.678 of 2022(2) dt.21-07-2022 2/2 informant oppose the prayer for anticipatory and submitted that during the course of investigation ample material has come against this petitioner to show his involvement in the alleged occurrence. Witnesses have also supported the prosecution case to the effect that petitioner is one of the conspirators of the aforesaid offence.

Considering the nature of accusation and gravity of the offence, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected with direction to the petitioner to surrender and seek regular bail which would be considered on its own merit.

(Prabhat Kumar Singh, J) shashi/- U T