Janardan Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74533 of 2024 Arising Out of PS. Case No.-714 Year-2019 Thana- MADHEPURA District- Madhepura ====================================================== Janardan Yadav S/O Late Bhumi Yadav Resident of Village- Chakfajula, Ward No. 04, P.S- Udakishunganj, District- Madhepura. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Arun Kumar For the Opposite Party/s :
Mr.Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-12-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in a case registered for offence under Section 364 of the Indian Penal Code and later on, Sections 302/201/120(B) of the I.P.C. was added.
3. As per prosecution case, on 12.08.2019, the nephew of informant (victim) had gone with his friend Pandav Yadav (son of petitioner) on motorcycle to informant's house situated at Gauripur, Ward No.-01, and after sometime, both proceeded from there on one motorcycle, but when the victim did not return, the informant contacted to Pandav Yadav on mobile but he did not give proper reply, and after some time, his mobile was also switched off.
Patna High Court CR. MISC. No.74533 of 2024(2) dt.20-12-2024 2/3
4. Learned counsel for the petitioner submits that informant is not eye-witness to the occurrence and petitioner has been made accused in this case merely because he happens to be father of co-accused Pandav Yadav. From bare perusal of F.I.R., it is apparent that co-accused Pandav Yadav took the victim on his motorcycle. Petitioner has got no concern with the alleged incident. The dead-body of deceased (victim) alongwith sharp cut Dabiya, one key of motorcycle and one underwear have been recovered from a grass field, situated towards eastern back of Dahar river in village Chakfajula i.e. at a distance of 800 meter away from the house of petitioner. Petitioner is in custody since 31.03.2024 in Udakishunganj P.S. Case No. 108 of 2024 and has been remanded in the present case since 28.06.2024. Chargesheet has been submitted.
5. Learned A.P.P. for the State as well as learned counsel for the informant have vehemently opposed the bail petition.
6. Considering the aforesaid facts and circumstances, let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhepura in connection with Madhepura P.S. Case
Patna High Court CR. MISC. No.74533 of 2024(2) dt.20-12-2024 3/3 No. 714 of 2019.
(Prabhat Kumar Singh, J) anay U T