Bishuhi Yadav @ Bishnu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82882 of 2024 Arising Out of PS. Case No.-49 Year-2024 Thana- NTPC District- Patna ======================================================

1. Bishuhi Yadav @ Bishnu Kumar

2. Rambabu Yadav, both sons of Birju Yadav @ Brij Nandan Yadav, resident of village Nangar Chak, P.S. NTPC, District Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Suraj Kumar For the Opposite Party/s :

Mr.Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 27-02-2025 Heard the learned counsel for the parties.

2. This is an application for regular bail on behalf of the petitioners for the offences alleged under Sections 302 and 34 of the Indian Penal Code, registered in connection with N.T.P.C. P.S.Case No. 49 of 2024.

3. As per prosecution case, the informant, who is the wife of the deceased, makes allegation that when she was present in her myke, she got an information that on 24.03.2024 someone committed the murder of her husband. Thereafter, she went to her matrimonial house along with her children. She alleges that her husband had illicit relationship with the wife of Pramod Yadav, the elder brother of the deceased. The informant requested to keep the dead-body for paying tributes, but the

Patna High Court CR. MISC. No.82882 of 2024(2) dt.27-02-2025 2/3 accused persons cremated the dead-body, just after the post mortem.

4. The learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated. They are the agnates of the deceased having no relation with the family affairs of the deceased. The learned counsel has also submitted that co-accused Laxman Yadav, own brother of the deceased, has confessed his guilt and in his confessional statement, he has categorically stated that he killed the deceased. The learned counsel further submitted that the petitioners have been implicated merely because they are the agnates of the deceased. Co-accused Pramod Yadav has been granted bail by this Court in Cr.Misc. No. 61215 of 2024 and the case of the petitioners is on better footing.

5. On the other hand the learned APP has opposed the prayer for bail.

6. Considering the above facts and circumstances of the case, let the petitioners, above-named, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each, with two sureties of the like amount each, to the satisfaction of Additional Chief Judicial Magistrate-I, Barh, Patna in connection with N.T.P.C. P.S.Case No. 49 of 2024, subject to the

Patna High Court CR. MISC. No.82882 of 2024(2) dt.27-02-2025 3/3 condition that the petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court.

(Nawneet Kumar Pandey, J) HR/- U T