Daya Ram Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69597 of 2022 Arising Out of PS. Case No.-121 Year-2019 Thana- DARBHANGA SADAR DistrictDarbhanga ====================================================== DAYA RAM YADAV Son of Bhola Yadav R/V- Kabir Chak, P.S- L.N.M.U Dist- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinay Kumar Mishra For the Opposite Party/s :

Mr.Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 20-04-2023 Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State. The petitioner is seeking regular bail in connection with Darbhanga Sadar P.S. Case No. 121 of 2019, registered for the offences punishable under Sections 302, 201, 120(B)/34 of the Indian Penal Code.

As per allegation, the son of the informant Mithilesh Kumar Yadav (deceased) and his friend Shivam Lal Deo (deceased) went from the house of the informant. They were dealing in sell and purchase of the landed properties. When the informant, after a short while was going to his field, he saw coaccused Guddu Paswan, Shivam Yadav, Kailash Yadav and Laxman Yadav and Mithlesh Yadav and his friend Shivam Lal Deo were going on motorcycle. In the next morning, the informant came to know that two dead bodies have been

Patna High Court CR. MISC. No.69597 of 2022(3) dt.20-04-2023 2/3 recovered. The first dead body was of his son Mithlesh Yadav and second dead body was of Shivam Lal Deo. Both the deceased were murdered after slitting their throats. It has been mentioned that the accused persons, in a deep conspiracy to grab his land had committed his murder and concealed his dead body.

The learned counsel for the petitioner has submitted that the petitioner is not named in the FIR and the four accused persons, whose named have figured in the FIR have been granted anticipatory bail by the co-ordinate bench of this Court. On the other hand, the learned APP has opposed the prayer for bail and submitted that for concealing the dead body, the petitioner has excavated the land, as per statement of witness Shivam Lal Deo.

The named accused persons against whom there was allegation that they committed murder of the deceased have been granted anticipatory bail by the co-ordinate Bench of this Court. The case of the petitioner is on better footing. Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand rupees) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.69597 of 2022(3) dt.20-04-2023 3/3 satisfaction of learned Chief Judicial Magistrate, Darbhanga in connection with Darbhanga Sadar P.S. Case No. 121 of 2019, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(ii) If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.

(iii) Before release of the petitioner, the learned court below shall verify the criminal antecedent of the petitioner and it comes to the notice of the learned court below that the petitioner is involved in any other case, the learned court below shall be at liberty to cancel his bail bond.

(Nawneet Kumar Pandey, J) Nirmal/Kundan U T