Kamaljit Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75947 of 2023 Arising Out of PS. Case No.-19 Year-2023 Thana- BENIPATTI District- Madhubani ====================================================== Kamaljit Yadav Son Of Ishwar Yadav R/O Vill - Chandpatti Basaith, P.S. - Benipatti, Distt. - Madhubani ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manoj Kumar Pandey For the Opposite Party/s :
Mr.Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-12-2023 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 Section 302/34 of the Indian Penal Code. Prosecution case in nutshell is that petitioner along with other co-accused persons took the informant's son outside from his house on motorcycle. Next day, his dead body was found in the field of one Vijay Chaudhary. It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. There is no eye witness of the alleged offence. There is no specific allegation levelled
Patna High Court CR. MISC. No.75947 of 2023(2) dt.01-12-2023 2/2 against the petitioner. Moreover, the petitioner is languishing in judicial custody since 16.08.2023. Similarly situated coaccused persons have been granted bail by co-ordinate Benches of this Court.
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 Benipatti P.S. Case No. 19 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 A.C.J.M. III, Madhubani.
(Sunil Kumar Panwar, J) Nirajkrs/- U T