Veer Lal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70785 of 2023 Arising Out of PS. Case No.-111 Year-2023 Thana- BAKHTIYARPUR District- Patna ====================================================== VEER LAL YADAV Son of Jagdev Lal Yadav @ Jagdev Ray R/o vill - New Bypass, Raghopur, P.S. - Bakhtiyarpur, Distt. - patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Kashyap For the Opposite Party/s :

Mr.Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302, 201, 34 of the Indian Penal Code.

3. According to the prosecution case, it is alleged that the petitioner is indulged in hatching conspiracy to kill the deceased Sajan Kumari in connivance with other accused persons and thereafter they threw her dead body near river.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is uncle of the deceased Sajan Kumari due to which he has falsely been implicated in this case. No one is eye witness of the alleged occurrence. During course of investigation, no direct or indirect evidence has come against the petitioner regarding murder of the

Patna High Court CR. MISC. No.70785 of 2023(2) dt.28-11-2023 2/2 deceased. His name has been figured by confessional statement of co-accused Vishal Kumar which has no evidentiary value in the eye of law. It is also submitted that a U.D. case bearing U.D. Case No. 2/2023 has already been lodged before the present FIR. No specific overt-act against the petitioner. The petitioner has got no criminal antecedent as stated in para-3 of the bail petition. The other co-accused namely, Uma Shankar Yadav has already been enlarged on bail by this Bench vide order dated 09.10.2023 passed in Cr. Misc. No. 52344 of 2023. Moreover, he is languishing in judicial custody since 15.03.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge him on bail. The above named petitioner is directed to be released on bail in connection with Bakhtiyarpur P.S. Case No. 111 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Court of Additional District and Sessions Judge-III, Barh, Patna. (Sunil Kumar Panwar, J) lata/- U T