Buchhi Yadav @ Buchchi Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5409 of 2024 Arising Out of PS. Case No.-303 Year-2022 Thana- KHODAWANDPUR District- Begusarai ====================================================== Buchhi Yadav @ Buchchi Yadav Son of Late Siyaram Yadav Resident of Village Rajopur, P.S. Khodawandpur (Chhorahi O.P) District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sarbottam Kumar Sarkar, Advocate For the Opposite Party/s :

Mr.Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 07-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Khodawandpur (Chhorahi O.P.) P.S. Case No. 303 of 2022, lodged on 20.10.2022 under Section 498A, 363, 365/34 of the Indian Penal Code and subsequently, sections 302 and 201/34 of the Indian Penal Code were also added.

3. As per the prosecution case, the FIR has been lodged against two named accused persons with an allegation that the accused persons have killed the daughter of the informant and disposed off her body.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is only co-villager and from the rejection order it appears that the role of the petitioner has given in this case that

Patna High Court CR. MISC. No.5409 of 2024(2) dt.07-02-2024 2/2 he helped the accused person in disposing off the body. The petitioner is in custody since 22.08.2023 and is accused in one more criminal case.

5. Learned counsel for the State opposes the prayer for bail and submits that in the rejection order the role of the petitioner is confined to only disposal of the dead body.

6. Learned counsel for the informant vehemently opposes the prayer for bail and submits that paragraph Nos. 145 and 150 of the case diary suggests the role of the petitioner in commission of the present occurrence.

6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Sub-divisional Judicial Magistrate, Manjhaul, Begusarai, in connection with Khodawandpur (Chhorahi O.P.) P.S. Case No. 303 of 2022, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure.

(Dr. Anshuman, J) Ashwini/- U T