Devi Lal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 65822 of 2019 Arising Out of PS. Case No.-392 Year-2018 Thana- DAUDNAGAR District- Aurangabad ====================================================== 1.

DEVI LAL YADAV, 2.

Ram Dayal Yadav @ Rama Dayal Yadav, 3.

Kundan Yadav, All Sons of Bisundeo Yadav @ Visunadev Yadav, Resident of Village - Dantu Bigha, P.S.- Deo, Distt - Aurangabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhaskar Shankar For the Opposite Party/s :

Mr.Raj Kishore Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-03-2020 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 365/34 of the Indian Penal Code and later on added Sections 302, 201, 120(B) of the Indian Penal Code.

Allegation against the petitioners along with other accused persons is of committing murder of the informant's son. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence as alleged in the FIR. The petitioners are not named in the FIR, the petitioners have been made accused on the confessional

Patna High Court CR. MISC. No. 65822 of 2019(4) dt.06-03-2020 2/2 statement of co-accused Sandhya Kumari @ Sandhya Devi and Kamlesh Kumar Yadav which is mentioned in para 24 and 25 of the case diary. The petitioner nos. 1 and 3 are accused in two cases for the same offence which is mentioned in para 3 of the bail petition.

On perusal of the case diary, on the confessional statement of co-accused before the police the petitioners have been made accused in this case for committing murder. On the confessional statement of co-accused the dead body was found. In the aforesaid facts and circumstances, there is serious allegation against the petitioners, I am not inclined to enlarge the petitioners on bail. Accordingly, the prayer for bail of the petitioners are rejected in connection with Daudnagar P.S. Case No. 392 of 2018 from the Court of learned S.D.J.M., Daudnagar, District-Aurangabad.

Accordingly, the application is dismissed.

(Anjani Kumar Sharan, J) amitkumar/- U T