Subhash Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73487 of 2024 Arising Out of PS. Case No.-47 Year-2024 Thana- NAURANGIA District- West Champaran ====================================================== Subhash Yadav S/o- Late Ramawatar Yadav Village- Navtar, Police StationHanumanganj, District- Kushinagar, U.P. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Baxi S.R. Sinha, Sr. Adv.

Mr. Krishna Kumar Singh, Adv.

Mr. Sanjay Kumar, Adv.

For the Opposite Party/s :

Mr. Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 19-03-2025 Heard learned counsel for the petitioner and learned counsel for the informant as well as learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Naurangiya P.S. Case No. 47 of 2024 dated 15.06.2024 registered for the offences punishable u/ss 302, 201 read with section 34 of the Indian Penal Code.

3. As per the prosecution case, the informant's father went to graze his cattle but did not return, thereafter his dead body was found in a Nala. It is further submitted that earlier the petitioner and the co-accused person threatened his father to kill within a period of six months.

4. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.73487 of 2024(4) dt.19-03-2025 2/3 that the petitioner is innocent and has falsely been implicated in this case due to previous enmity. It is further submitted that the informant did not file any report before police regarding missing of his father. There is no eyewitness to the alleged occurrence. The dead body of his father was recovered from the Nala and the petitioner was implicated only on the basis of mere suspicion. There is no specific allegation and overt act against the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 20.07.2024. The co-accused has already been granted regular bail by this court vide order dated 10.01.2025 passed in Cr. Misc No. 79306 of 2024.

5. Learned counsel for the informant as well as learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Bagaha, West Champaran in connection with Naurangiya P.S. Case No. 47 of 2024, with the condition:-

Patna High Court CR. MISC. No.73487 of 2024(4) dt.19-03-2025 3/3 (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) shivam/- U T