Binod Yadav @ Bal Binod Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.71371 of 2018 Arising Out of PS. Case No.-121 Year-2018 Thana- BAUNSI District- Banka ====================================================== Binod Yadav @ Bal Binod Mandal, Son of Mahesh Yadav @ Mahesh Prasad Mandal, Resident of Village-Babhangama, Police Station- Bounsi,Distt.- Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Narendra Kumar, Advocate.

For the Opposite Party/s :

Mr. Sri Chandrasen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 07-12-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Bounsi P.S. Case No. 121 of 2018, registered under Sections 302 and 506/34 of the Indian Penal Code.

The accusation is that on 12.05.2018, at about 9 P.M., Gaurav Yadav came at the house of informant, Premlata Devi, and accompanied her son but he did not return. Thereafter, informant started to search her son then came to know that Gaurav Yadav, Binod Yadav (petitioner) and Mahesh Yadav committed the murder of her son.

Learned counsel for the petitioner submits that, in fact, allegation has been made against Gaurav Yadav, brother of

Patna High Court Cr.Misc. No.71371 of 2018(2) dt.07-12-2018 2/2 the petitioner, to accompany the son of the informant and later on, son of the informant found dead but due to ill motive, the petitioner being the brother of Gaurav Yadav has falsely been implicated in this case. It is further submitted that petitioner has no criminal antecedent and is in custody since 12.06.2018. It is further submitted that similarly situated co-accused, Mahesh Yadav @ Mahesh Pd. Mandal, has already been granted privilege of bail by a Bench of this Court vide order dated 12.10.2018 passed in Criminal Misc. No. 48799 of 2018. Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Banka, in connection with Bounsi P.S. Case No. 121 of 2018. Out of two sureties, one surety must be the close relative of the petitioner. (Rajendra Kumar Mishra, J) Bhardwaj/- U T