Surat Lal Yadav @ Sumit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85990 of 2023 Arising Out of PS. Case No.-504 Year-2022 Thana- TRIVENIGANJ District- Supaul ====================================================== Surat Lal Yadav @ Sumit Kumar Son of Shivdayal Yadav R/o vill - Mayurva, ward no. 3, P.S. - Triveniganj, Distt. - Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hriday Narayan Harshit For the Opposite Party/s :

Mr.Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 302, 201 of the Indian Penal Code.

3. As per FIR, the allegation against the petitioner and co-accuse persons is that they committed murder of the informant's sister thereafter they cremated her body for hiding the evidence.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case due to dirty village politics. The petitioner is not named in the FIR and there is no specific allegation levelled against him and the informant is also not an eye witness of the

Patna High Court CR. MISC. No.85990 of 2023(2) dt.11-01-2024 2/2 alleged occurrence. It is further submitted that witnesses not supported the prosecution version. The petitioner has got no criminal antecedent. It is further submitted that the main accused who is also husband of the deceased has alredy been granted bail by a coordinate Bench of this Court vide order dated 16.10.2023 passed in Cr. Misc. No. 66503 of 2023. Moreover, the petitioner is languishing in judicial custody since 27.06.2023.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Triveniganj P.S. Case No. 504 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-I, Suapul.

(Sunil Kumar Panwar, J) Manishkumar/- U