Radha Yadav @ Radhe Yadav @ Radha Shyam Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1343 of 2024 Arising Out of PS. Case No.-194 Year-1999 Thana- BAGHA District- West Champaran ====================================================== Radha Yadav @ Radhe Yadav @ Radha Shyam Yadav SON OF LATE INDRADEO YADAV Village-BagahawaTand PS -Dhanaha Dist -West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Prerna Anand For the Opposite Party/s :
Mr.Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 26-04-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 364, 302/34 of the Indian Penal Code and Section 27 of Arms Act.
3. As per allegation in the FIR, informant came to know that between Parsa and Awarahiya Mor, a motorcycle and two dead bodies were lying on the ground. When the informant along-with other persons reached at the alleged place of occurrence, found the
Patna High Court CR. MISC. No.1343 of 2024(4) dt.26-04-2024 2/3 dead body of his Samadhi and one Tej Narayan Singh.
4. It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has committed no offence. He has falsely been implicated in the present case. Neither the petitioner is named in F.I.R. nor the informant is eye witness of the alleged occurence. There is no consistent material evidence against the petitioner to connect him in the present case during investigation of the case and only on the basis of suspicion, he has been roped in the present case. Moreover, the petitioner is languishing in judicial custody since 15.06.2023. Moreover, other similarly situated coaccused have been granted bail vide order dated 06.11.2023 passed in Cr. Misc. No. 43504 of 2023.
5. Learned APP appearing for the State has vehemently opposed the prayer for Bail.
6. Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody,
Patna High Court CR. MISC. No.1343 of 2024(4) dt.26-04-2024 3/3 this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Bagaha P.S. Case No. 194 of 1999 (Sessions Trial No. 606/2023) on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, 1st Bagaha, West Champaran.
(Sunil Kumar Panwar, J) Shageer/- U T