Allowed

Manoj Yadav @ Manoj Kumar Yadav v. The State of Bihar

Patna HC12 Apr 2023CR. MISC./6834/2023

Case brief

AI extract

What is this about?

Petitioner applied for regular bail in a murder and cheating case involving the killing of his mother. The court observed the lack of motive and direct evidence, granting bail after considering the period of custody.

What did the court decide?

Petitioner enlarged on bail in connection with Chandramandi P.S. Case No. 60 of 2019 on furnishing bail bond of Rs. 10,000 with two sureties.

Manoj Yadav @ Manoj Kumar Yadav Vs The State of… — Murder and Culpable Homicide | Patna HC (2023)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.6834 of 2023

¶2

Arising Out of PS. Case No.-60 Year-2019 Thana- CHANDRAMANDI District- Jamui

¶3

======================================================

¶4

Manoj Yadav @ Manoj Kumar Yadav Son Of Late Ganesh Mahato R/O Vill.Darhwa, P.S.- Chandramandih, Distt.- Jamui

¶5

... ... Petitioner/s

¶6

Versus The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Prabhat Ranjan Singh For the Opposite Party/s : Mr.Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER

¶7

2 12-04-2023

¶8

Heard learned counsel for the petitioner and

¶9

learned APP for the State .

¶10

The petitioner has filed the instant application

¶11

for grant of regular bail in a case registered for the offences punishable under Sections 302, 201, 120(B)/34

¶12

of the Indian Penal Code.

¶13

The prosecution case in nutshell is that mother

¶14

of the informant, namely, Shanti Devi was traceless

¶15

since 13.06.2019 from her house. The informant

¶16

searched his mother but she was not traced. It is further

¶17

alleged that on 17.06.2019, informant got information

¶18

that dead body of a lady is inside a well and then

¶19

following this information informant rushed to the said

¶20

Patna High Court CR. MISC. No.6834 of 2023(2) dt.12-04-2023 2/3

¶21

well and identified the dead body as of his mother and he suspected that some unknown criminals have killed

¶22

his mother and for hiding the evidence, the dead body has been thrown in the well.

¶23

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. There is no eye witness of the alleged offence. It is further submitted that it is highly improbable to believe that a son will kill his mother. In fact prosecution cannot justify its imaginary accusation as there is no apparent motive or apparent benefit will flow in favor of the petitioner. There is no direct material evidence to show the involvement of petitioner in this alleged offence. It is further submitted that petitioner was informant of this

¶24

case. Moreover, the petitioner is languishing in judicial custody since 04.11.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

¶25

Patna High Court CR. MISC. No.6834 of 2023(2) dt.12-04-2023 3/3

¶26

Learned APP appearing for the State has vehemently opposed the prayer for Bail and submitted

¶27

that during investigation, it came to light that some landed property was lying in the name of deceased and petitioner was intending to get those land transferred in his favor may have killed the deceased.

¶28

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Chandramandi P.S. Case No. 60 of 2019 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 S.D.J.M., Jamui.

¶29

(Sunil Kumar Panwar, J)

¶30

nirajkrs/-

¶31

U T

Manoj Yadav @ Manoj Kumar Yadav v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Manoj Yadav @ Manoj Kumar Yadav v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sourabh Kumar @ Kr. Sourabh Vs the State of Bihar

Vivek Kumar @ Bhako Vs the State of Bihar

Suraj Singh Vs The State of Bihar

Sanjay Yadav Vs The State of Bihar

Manish Kumar Vs The State of Bihar

Deepak Kumar Baitha @ Aryan Vs The State of Bihar