Sadabriksh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85363 of 2024 Arising Out of PS. Case No.-9 Year-2024 Thana- CHAKARANDHA P.S. District- Gaya ====================================================== Sadabriksh Yadav Son of Chandeshwar Yadav @ Chandesh Yadav Resident of Village- Baraha, P.S.- Chhakrabandha,Distt.- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mahendra Thakur, Advocate For the Opposite Party/s :

Ms. Nirmala Kumari, APP For the Informant :

Mr. Anil Kumar Sinha, Advocate Mr. Shudhir Kumar Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 27-02-2025 Heard learned counsel for the petitioner and learned APP for the State as also learned counsel for the informant. Perused the case diary.

2.

The petitioner seeks bail in connection with Chhakarbandha P.S. Case No. 09 of 2024 instituted for the offence under Sections 103(1), 238, 61(2) of the Bharatiya Nyaya Sanhita, 2023.

3.

As per prosecution case, allegation against the petitioner is that he along with other have committed murder of the informant's brother by hanging, whereafter, his body and face were burnt with kerosene and thrown into dam. 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 19-08-2024. Petitioner

Patna High Court CR. MISC. No.85363 of 2024(3) dt.27-02-2025 2/2 bears no criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case only on the basis of suspicion. Informant is not the eye witness to the occurrence. There is no specific allegation attributed to the petitioner. Police after completion of investigation has submitted charge sheet in this case. 6.

Learned A.P.P. for the State and learned counsel for the informant have vehemently opposed the prayer for grant of bail to the petitioner. Other witnesses have also supported the prosecution case. As per postmortem report, cause of death is asphyxia & shock as a result of drowning. Bail of other coaccused has been rejected by this Court vide order dated 19-022025, passed in Cr. Misc. No. 82582 of 2024. 7.

Considering the aforesaid facts and circumstances of the case and specifically taking into account the nature and gravity of the offence, this Court, at this stage, is not inclined to grant bail to the petitioner. Prayer for grant of bail is hereby rejected.

(Rudra Prakash Mishra, J) Raj Kishore/- U T