Munar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84783 of 2024 Arising Out of PS. Case No.-80 Year-2024 Thana- PARWALPUR District- Nalanda ====================================================== Munar Yadav, Son of Jodhu Yadav, Resident of Village - Maua, P.O. - Bangpur, P.S. - Parwalpur, District - Nalanda at Bihar Sharif ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Pandey, Advocate For the Opposite Party/s :

Mr.Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 17-02-2025 Heard Mr.Sanjay Kumar Pandey, learned counsel for the petitioner and Mr. Mohammed Arif, learned APP for the State.

2. The petitioner has prayed for bail in connection with Parwalpur P.S. Case No.80 of 2024 instituted for the offence under Sections 302 and 34 of the Indian Penal Code.

3. The case of the prosecution is that the informant and her husband have gone to their fields. She found that there were seven accused persons who assaulted her husband with bhala, lathi and butt of the gun due to which he got unconscious and died in course of treatment.

4. It is submitted by learned counsel for the petitioner that petitioner is innocent and has committed no offence. He has been falsely implicated in the present case. It is further submitted that the name of this petitioner is not there in the F.I.R. and it is not there in the re-statement of the informant as well. Petitioner is

Patna High Court CR. MISC. No.84783 of 2024(4) dt.17-02-2025 2/2 languishing in judicial custody since 29.06.2024.

5. Learned APP appearing for the state has opposed the prayer of regular bail and submitted that the name of this petitioner has surfaced in the confessional statement of co-accused Bhudu Yadav @ Prashant Kumar. This petitioner has also given his confessional statement and in his confessional statement, he has stated that he has concealed the alleged weapon i.e. lathi in his boring, which was recovered in pursuance to his confessional statement. This statement has been made by Bhudhu Yadav and Chhotu Tati as well.

6. Having heard the learned counsel for the parties and considering the fact that the recovery has been made pursuant to the confessional statement of the petitioner. In that circumstance, I am not inclined to enlarge the petitioner on bail at this stage and, as such, his prayer for bail stands rejected.

7. Petitioner will be at liberty to renew his prayer for bail after six months, if the trial is not concluded. (Ashok Kumar Pandey, J) lata/- U T