Jagani Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70501 of 2023 Arising Out of PS. Case No.-132 Year-2023 Thana- CHANDI District- Bhojpur ====================================================== Jagani Yadav Son Of Manhani Yadav Resident Of Village - Vishunpur, P.S.- Chandi, District - Bhojpur.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Shiv Prasad Gupta For the Opposite Party/s :

Mr.Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code. As per allegation in the FIR, petitioner along with other co-accused persons has murdered the brother of informant.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. The name of petitioner sprang up in this case merely on the basis of suspicion that petitioner was last seen with the deceased. There is no eye witness of the alleged offence. Petitioner has no concern with the

Patna High Court CR. MISC. No.70501 of 2023(3) dt.29-01-2024 2/2 incriminating articles recovered from the place of occurrence. Moreover, the petitioner is languishing in judicial custody since 05.08.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Chandi P.S. Case No. 132 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhojpur, Ara.

(Sunil Kumar Panwar, J) Nirajkrs/- U T