Ramesh Kumar Yadav @ Fauji v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78090 of 2024 Arising Out of PS. Case No.-464 Year-2023 Thana- CHHATAPUR District- Supaul ====================================================== Ramesh Kumar Yadav @ Fauji, Son of Late Mahadeo Yadav, R/o VillageMaanganj (East), P.S.- Jadiya, District- Supaul. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ranjay Kumar Singh, Advocate For the Opposite Party/s :
Mr. Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 21-04-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Chhatapur P.S. Case No. 464 of 2023 registered for the offence punishable under Section 363, 364, 365, 120 B, 302, 201/34 of the Indian Penal Code.
3. As per the prosecution case, on 20.12.2023 at about 8:00 pm, son of the informant left for home from the hospital on motorcycle but did not reach home. When he tried to contact on phone of his son, his mobile phone got switched off. Thereafter, the motorcycle of his son was found parked near a tea stall of the hospital but his son was not found there. It is further alleged that prior of the said occurrence, the co-accused Dinesh Yadav threatened the informant to abduct and kill the informant's son
Patna High Court CR. MISC. No.78090 of 2024(4) dt.21-04-2025 2/3 due to previous enmity. On 20.12.2023 co-accused Dinesh Yadav along with four unknown persons were alleged to have seen near the hospital.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is neither named in the FIR nor he has any concern with the deceased son of the informant. The name of the petitioner has transpired during course of investigation on the basis of his confessional statement before the police. The petitioner is in judicial custody since 20.05.2024 having one criminal antecedent.
5. Learned APP for the State has vehemently opposed the bail petition of the petitioner. As per paragraph 136 of the case diary the petitioner confessed that the informant who is the father of the deceased has conspired to kill the deceased and for that he gave Rs. 60,000/- in advance to the petitioner, thereafter, the petitioner along with four other co-accused persons namely Sandhir Yadav, Bindul Yadav, Salim and Shyam killed the son of the informant. Moreover, on the basis of the disclosure made by the petitioner dead body of the victim was recovered.
6. Considering the aforesaid facts and circumstances of the case as well as the allegation levelled against the
Patna High Court CR. MISC. No.78090 of 2024(4) dt.21-04-2025 3/3 petitioner, this Court is not inclined to grant bail to the petitioner and the same is rejected in connection with Chhatapur P.S. Case No. 464 of 2023, pending in the Court of learned CJM, Supaul.
7. Learned court below is directed to conclude the trial of the petitioner at the earliest.
(Chandra Prakash Singh, J) khushbu/- U T