Karu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72389 of 2019 Arising Out of PS. Case No.-53 Year-2019 Thana- PANDARAK District- Patna ====================================================== KARU YADAV Son of Late Chhotan Yadav @ Chhotan Rai Resident of Village-Mekra, P.S.-Mokama, District-Patna.

... ... Petitioner.

Versus

The State of Bihar ... ... Opposite Party.

====================================================== Appearance :

For the Petitioner :

Mr. Ajay Kumar Thakur, Advocate.

Mr. Ritwaj Raman, Advocate.

For the State : Ms. Renu Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 05-03-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Pandarak P.S. Case No.53 of 2019 registered under Sections 302, 120(B) and 201 of the Indian Penal Code besides Section 27 of the Arms Act.

The accusation is that on 01.05.2019 at about 06.00 P.M., Arun Yadav and Karu Yadav (petitioner) and three unknown came on two motorcycles at the house of the informant Ambika Yadav and after talking his son Sonu Kumar on mobile phone, called his son from the house and started to accompany him boarding on motorcycle. When the informant made query to Arun Yadav and Karu Yadav (petitioner) about

Patna High Court CR. MISC. No.72389 of 2019(3) dt.05-03-2020 2/3 the destination to take his son, then they replied that they are taking his son for an urgent work. Till night, when the son of the informant did not return, then on the next morning, the informant tried to talk to his son on his mobile but no response was received. At about 03.00 P.M. on 02.05.2019, the informant received information from the Officer Incharge of Pandarak Police Station about the recovery of a dead body of an unknown from Ambuja Cement Factory, which was sent for autopsy at Sub Divisional Hospital, Barh. When the informant went there, he saw the dead body of his son Sonu Kumar sustaining firearm injury on his chests and head.

The informant claimed that Arun Yadav, Karu Yadav (petitioner) and three unknown after taking his son Sonu Kumar from the house, had concealed the dead body of his son after making shot fire at him. Learned counsel appearing on behalf of the petitioner submits that no one had seen the occurrence of committing the murder of Sonu Kumar, the son of the informant. On mere suspicion, the petitioner has falsely been implicated in this case. The petitioner has no criminal antecedent and is in custody since 27.05.2019. On investigation, the police has already submitted the charge-sheet against the petitioner.

Patna High Court CR. MISC. No.72389 of 2019(3) dt.05-03-2020 3/3 Yadav has already been granted bail by a Bench of this Court vide order dated 16.11.2019 passed in Criminal Misc. No.50806 of 2019.

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 Additional Chief Judicial Magistrate, Barh, Patna, in connection with Pandarak Police Station Case No.53 of 2019.

(Rajendra Kumar Mishra, J) P.S./- U T