Bharat Yadav @ Bharat Kumar Yadav @ Bharat Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63654 of 2022 Arising Out of PS. Case No.-212 Year-2020 Thana- SAUR BAZAR District- Saharsa ====================================================== Bharat Yadav @ Bharat Kumar Yadav @ Bharat Kumar Son Of Late Mahendra Yadav @ Mohan Yadav @ Mahan Yadav R/V- Mathahi, P.S.- Madhepura, District- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Mishra For the Opposite Party/s :

Mr.Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Sour Bazar P.S. Case No. 212 of 2020 registered under sections 302, 326, 201, 120(B) and 34 of the Indian Penal Code.

Prosecution case in short is that the father-in-law Bechan Yadav of the informant went for looking after his animal, but when next morning she woke up, her father-in-law was not there in the house and she heard that he has been killed. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to land dispute with the

Patna High Court CR. MISC. No.63654 of 2022(2) dt.21-02-2023 2/2 informant. The petitioner is not named in F.I.R. rather his name came into light in this case on the basis of confessional statement of apprehended co-accused Bijendra Yadav@ Bijan. There is no consistent material available against the petitioner also no eye witness of the alleged occurrence. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. He is languishing in judicial custody since 21.06.2022.

The application for bail is vehemently opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Sour Bazar P.S. Case No. 212 of 2020 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, Ist Class, Saharsa. (Sunil Kumar Panwar, J) shubham/- U T