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Patna High CourtCR. MISC./203/2024allowed

Manish Kumar Yadav v. The State Of Bihar

2024-06-21Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.203 of 2024 Arising Out of PS. Case No.-308 Year-2023 Thana- ARA MUFFSIL District- Bhojpur ====================================================== Manish Kumar Yadav SON OF MALLU YADAV @ TRIBHUAN YADAV Resident of Village- CHITKUNDI CHAKIYA, PS- ARA MUFASSIL, DISTBHOJPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shiv Prasad Gupta For the Opposite Party/s :

Mr.Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-06-2024 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 sections 302, 201, 34 of the Indian Penal Code.

3. As per prosecution case, the informant alleged that due to previous dispute the petitioner in connivance with other co-accused committed murder of her son and hanged his dead body on a tree. The alleged occurrence took place in the background of previous dispute.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to previous dispute. The

Patna High Court CR. MISC. No.203 of 2024(4) dt.21-06-2024 2/2 informant is not eye witnesses of the alleged occurrence. The present case hinges around only suspicion. The petitioner has got no criminal antecedent as stated in para-3 of the bail petition and he is languishing in judicial custody since 19.7.2023. Moreover, similarly situated co-accused Sukhdev Yadav and Mallu Yadav have already been enlarged on bail by this Court vide order dt. 19.3.2024 passed in Cr. Misc. No. 84421 of 2023.

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

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Ara Muffasil P.S. Case No. 308 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M. Bhojpur at Ara. (Sunil Kumar Panwar, J) amandeep/- U T