Chitranjan Yadav @ Chitranjan Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10945 of 2024 Arising Out of PS. Case No.-1023 Year-2023 Thana- KHAJANCHI HAT District- Purnia ====================================================== Chitranjan Yadav @ Chitranjan Kumar Yadav Son Of Doman Yadav @ Doman Lal Yadav R/O Village- Sadipur Bhutaha, P.S.- Baisi, Dist.- Purnea ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Thakur, Advocate Ms.Vaishnavi Singh, Advocate For the Opposite Party/s :
Mr.Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 22-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with K. Hat (Sahayak) P.S. Case No. 1023 of 2023 lodged on 31.08.2023 under Sections 302, 201/34 of the Indian Penal Code.
3. As per the prosecution case, the FIR has been lodged against four named accused persons, including the present petitioner alleging therein that the informant has received information from his son that his other son was called by the petitioner and others with whom he went to Purnea. In the evening, the petitioner informed the other son of the informant about the killing of his son. Subsequently, the
Patna High Court CR. MISC. No.10945 of 2024(2) dt.22-02-2024 2/3 petitioner was alleged to be arrested by the police in the car along with other accused persons.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. From the FIR, it transpires that the informant and accused persons are residents of the same village, and the dead body of the deceased was recovered from the car of the petitioner. He submits that it is the petitioner who informed repeatedly the family member of the deceased about the said incident. In fact, on the alleged date of occurrence, the petitioner and others came to Purnea along with the deceased and some altercation took place between the deceased and other unknown miscreants and the unknown miscreants shot the deceased in his head and fled away. Then this petitioner was carrying the deceased in his car for treatment in Purnea Medical College but the police apprehended him. The charge sheet has already been submitted. The petitioner is in custody since 01.09.2023 having no criminal antecedent.
5. Learned counsel for the State opposes the prayer for bail.
6. Learned counsel for the informant vehemently opposes the prayer for bail and submits that it is the petitioner who is the kingpin and the deceased went with him to Purnea
Patna High Court CR. MISC. No.10945 of 2024(2) dt.22-02-2024 3/3 and it is true that sent a different type of message and subsequently he was arrested by the police.
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 CJM, Purnea , subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure.
(Dr. Anshuman, J) Ashwini/- U T