Sunil Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66082 of 2024 Arising Out of PS. Case No.-79 Year-2024 Thana- MANIHARI District- Katihar ====================================================== Sunil Kumar Yadav S/O Late Doman Yadav R/o Village-Balu Tola, Ward no. 09, P.S.-Manihari, District-Katihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sunil Kumar Pathak, Advocate :
Mr. Madhav Jha, Advocate For the Opposite Party/s :
Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 09-12-2024 Heard learned counsel for the petitioner, learned APP for the State and perused the case diary.
2. The petitioner seeks bail in connection with Manihari P.S. Case No. 79 of 2024 instituted for the offences under Section 302 of the Indian Penal Code.
3. Allegation against the petitioner is of commission of murder of the informant's husband.
4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No specific overt act is alleged against the petitioner. Learned counsel further submitted that there is no eye-witness to the occurrence and the allegation against the petitioner is based purely on suspicion due to the reason that financial transaction
Patna High Court CR. MISC. No.66082 of 2024(4) dt.09-12-2024 2/2 took place between the petitioner and the deceased. Chargesheet has been submitted in this case. It has been submitted on behalf of the petitioner that the petitioner is in custody since 08.04.2024 and has no criminal antecedent.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case as also the fact that the allegation against the petitioner is entirely based on suspicion as well as the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Manihari P.S. Case No. 79 of 2024.
(Rudra Prakash Mishra, J) Alok Verma/- U T