Babloo Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72008 of 2024 Arising Out of PS. Case No.-306 Year-2023 Thana- BUXAR INDUSTRIAL District- Buxar ====================================================== Babloo Yadav Son of Late Lala Yadav Resident of Village- Balapur, PSBuxar (Industrial), Distt.- Buxar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ramakant Yadav, Advocate For the Opposite Party/s :
Mr. Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 03-12-2024 Heard Mr. Ramakant Yadav, learned counsel for the petitioner, Mr. Ram Bilas Roy Raman, learned APP for the State.
2. Petitioner seeks bail, who is in custody since 23.11.2023, in connection with Buxar (Industrial) P.S. Case No. 306 of 2023, F.I.R. dated 19.11.2023 registered for the offences punishable under Sections 302, 120(B)/34 of the Indian Penal Code.
3. Allegation against the petitioner is that he along with other co-accused persons killed the deceased Anita Devi and her younger daughter aged about 5 years with sharp cutting weapon.
4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has been falsely
Patna High Court CR. MISC. No.72008 of 2024(3) dt.03-12-2024 2/3 implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offence as alleged in the F.I.R. He further submits that from perusal of the F.I.R. it appears that the date of occurrence as alleged in the F.I.R. is 17.11.2023 but the present F.I.R. was instituted on 19.11.2023 after delay of two days without giving any explanation of delay. Further submits that no material has come during investigation to suggest the involvement of the petitioner in the present occurrence and co-accused person namely Sanjay yadav has been granted regular bail by this Court vide order dated 26.07.2024 passed in Cr. Misc. No. 25466 of 2024.
5. Learned APP for the State, on the other hand, vehemently opposed the prayer for bail of the petitioner and submits that it has come during investigation that the petitioner was involved in the present crime in question and apart fromd that the petitioner has also murdered his five years old daughter along with his wife.
6. Considering the aforesaid facts that there is direct allegation against the petitioner, I am not inclined to enlarge the petitioner on bail in connection with Buxar (Industrial) P.S. Case No. 306 of 2023 pending in the Court of learned Chief
Patna High Court CR. MISC. No.72008 of 2024(3) dt.03-12-2024 3/3 Judicial Magistrate, Buxar.
7. Prayer is refused.
(Rajesh Kumar Verma, J) Ibrar//- U T