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Patna High CourtCR. MISC./1297/2024allowed

Pradeep Yadav v. The State Of Bihar

2024-04-26Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1297 of 2024 Arising Out of PS. Case No.-71 Year-2021 Thana- JAYNAGAR District- Madhubani ====================================================== Pradeep Yadav Son Of Ghanshyam Yadav Resident Of Village- Khairamath (G), Ps- Jainagar Distt- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Prakash For the Opposite Party/s :

Mr.Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 26-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 364, 302, 201/34 of the Indian Penal Code.

As per prosecution case, the petitioner along with co-accused persons forcibly took away the husband of the informant on four wheeler vehicle towards south. Informant suspects that they might have killed her husband.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence.

Patna High Court CR. MISC. No.1297 of 2024(4) dt.26-04-2024 2/3 He has falsely been implicated in this present case due to previous dispute as at earlier point of time, the petitioner has filed a complaint case against the husband of the informant in connection with Complaint Case No. 448 of 2020. It is further submitted that there is no eye witness and none of the witness who have been examined during the course of the investigation has claimed to have seen this petitioner killed the husband of the informant. Moreover, other similarly situated coaccused namely, Jageshwar Yadav has already been granted bail by a coordinate bench of the court vide order dated 13.12.2021 in Cr. Misc. 43198 of 2021. The petitioner is languishing in judicial custody since 07.09.2023.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The

Patna High Court CR. MISC. No.1297 of 2024(4) dt.26-04-2024 3/3 above named petitioner is directed to be released on bail in connection with Jainagar P.S. Case No. 71 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhubani. (Sunil Kumar Panwar, J) Shageer/- U T