Suraj Yadav @ Surya Narayan Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1490 of 2022 Arising Out of PS. Case No.-49 Year-2021 Thana- LAUKAHI District- Madhubani ====================================================== Suraj Yadav @ Surya Narayan Yadav S/o Late Lochan Yadav Resident of Village- Phulparas, P.S.- Phulparas, District- Madhubani. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bhaskar Shankar, Advocate For the Opposite Party/s :
Mr. Narendra Kumar Singh, App ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 06-06-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks regular bail in connection with Laukahi (Narahiya) P.S. Case No. 49 of 2021 instituted for the offences under Sections 302, 201 and 34 of the Indian Penal Code.
Learned counsel for the petitioner submits that the petitioner is in custody since 05.09.2021, charge-sheet has been submitted in the case and has antecedent of three cases. Learned counsel for the petitioner submits that the informant alleges that on 17.03.2021 at about 06:00 p.m. when the informant's son Shrawan Kumar Yadav (deceased) was going to the house of his sister but he did not return. On 18.03.2021 at 09:00 am, villagers informed that his son was killed and his dead body was thrown near Bhutahi Balan embankment, thus on the basis of suspicion, informant alleges
Patna High Court CR. MISC. No.1490 of 2022(2) dt.06-06-2022 2/2 against four accused persons, including the petitioner, that they killed his son on account of previous enmity. Learned counsel for the petitioner further submits that from bare perusal of the allegation as alleged in the F.I.R., it would manifest that informant is not an eye-witness to the occurrence and the entire allegation is based on suspicion. It is further submitted that other co-accused namely, Ram Vilas Yadav has already been granted bail by a co-ordinate Bench of this Court vide order dated 25.03.2022 passed in Cr. Misc. No. 63065 of 2021.
Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.
Considering the fact that the petitioner is in custody since 05.09.2021, charge-sheet has been submitted in the case, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-III, Jhanjharpur, Madhubani in connection with Laukahi (Narahiya) P.S. Case No. 49 of 2021.
(Khatim Reza, J) Gaurav Kumar/- U T