The High Court allowed the petitioner's application for regular bail in a murder investigation, directing him to furnish a bond of Rs. 20,000 with two sureties.
Petitioner enlarged on bail by furnishing a bond of Rs. 20,000 with two sureties of the like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.6161 of 2023
Arising Out of PS. Case No.-123 Year-2022 Thana- HARLAKHI District- Madhubani
======================================================
MUKESH YADAV S/O LATE UMESH YADAV Resident of Village- Kerva Mukhiyapatti Musharitol, P.S.- Saharghat, District- Madhubani.
... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Gagan Deo Yadav, Adv. Mr. Ravi Prakash, Adv. Mr.Rajesh Kumar, Adv. For the Opposite Party/s : Mr.Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH
ORAL ORDER
2 05-05-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.
Heard learned counsel for the petitioner and learned A.P.P for the State.
The petitioner has preferred this application for grant of regular bail in connection with Harlakhi P.S. Case No. 123 of 2022 dated 03.05.2022 registered under sections 302 and 201 read with section 34 of the Indian Penal Code.
As per the prosecution case, there was a land dispute between the informant and the co-accused persons. On 02.05.2022, the informant's husband went out of the house but
Patna High Court CR. MISC. No.6161 of 2023(2) dt.05-05-2023 2/3
he did not return till 7 PM. On search the informant came to know that one dead body was found in Yamuna River which was identified as the deceased Rajeshwar Mahto. Upon inspection, marks of strangulation were found on the front part of the neck and blood and injuries were found on the back of the head. The informant has also claimed that the co-accused Ram Ekbal and Ram Sagar Mahto committed murder of the informant's husband and threw his dead body in the said river.
Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is not named in the FIR. The name of the petitioner has sprung up in the confessional statement of the co-accused Radhe Yadav who has already been granted bail by the Coordinate Bench of this Court vide order dated 08.12.2022 passed in Cr. Misc. No. 48441 of 2022. The petitioner is also accused in two other criminal cases which are related to Excise Act as stated in para 2 of the supplementary affidavit. The petitioner is in custody since 25.05.2022.
Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
Considering the aforesaid facts and circumstances of
Patna High Court CR. MISC. No.6161 of 2023(2) dt.05-05-2023 3/3
the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Madhubani in connection with Harlakhi P.S. Case No. 123 of 2022.
The application stands allowed.
(Chandra Prakash Singh, J)
Ajay Singh/-
U T
1 issue framed by the court
Whether the petitioner can be enlarged on regular bail in the murder case.
1 provisions across 1 enactments
Mukesh Yadav
The State of Bihar
Chandra Prakash Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
