CRIMINAL MISCELLANEOUS 354of 2024 on 30 December 2024

ORAL ORDER

Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application forgrant of regular bail in connection with Korha P.S. Case No. 354of 2024 dated 30.12.2024 registered for the offences punishableu/ss 103(1) and 61(2) of the B.N.S. and Section 27 of the ArmsAct.

3. As per the prosecution case, on 29.12.2024 atabout 6.00 P.M., the informant's brother, Akhilesh Yadav went toPawai Chowk on his motorcycle but he did not come back tohome till 8.00 P.M. The wife of Akhilesh Yadav called on hismobile then Akhilesh Yadav told that he is at Pawai Chowk andafter some time, he will come back. It is further alleged that on 30.12.2024 at about 5.00 A.M. in morning, the informant cameto know that his brother was lying dead at Dhobiya Ghatsituated at Barandi river. Later on, on information, policereached the place of occurrence and saw that the informant'syounger brother Akhilesh Yadav was lying dead at the place ofoccurrence and there was bullet injury on his chest. Theinformant has further alleged that Rs. 8,00,000/- of his brotherwas due on Md. Tarik Shah and due to the said reason, Md.Tarik Shah committed murder with co-operation of some otheraccused persons.

4. Learned counsel for the petitioner has submittedthat the petitioner is innocent and has falsely been implicated inthis case. The petitioner is not named in the F.I.R. The name ofthe petitioner has sprung up in the confessional statement of theco-accused, Bipin Yadav who has already been granted regularbail by this court vide order dated 25.06.2025 passed in Cr.Misc. No. 37933/2025. The specific allegation is against the co-accused persons, Md. Tarik Sah and Dilip Yadav who fired onthe deceased. The allegation against the petitioner is general andomnibus in nature. The petitioner has no concern with thealleged offence. Nothing has been recovered from the consciouspossession of the petitioner. The petitioner has clean antecedent Gautam/- UT

as stated in para 3 of the bail petition. The petitioner is incustody since 01.01.2025.

5. Learned A.P.P. for the State has vehementlyopposed the bail petition of the petitioner and submitted that thepetitioner is involved with the other co-accused persons in thecommission of murder of Akhilesh Yadav under conspiracy.

6. Considering the aforesaid facts and circumstancesof the case as well as the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bondof Rs.20,000/- (Rupees Twenty Thousand) with two sureties ofthe like amount each to the satisfaction of learned Courtconcerned, Katihar in connection with Korha P.S. Case No. 354of 2024 with the condition :-

(i) The petitioner is directed to remain physically presentbefore the learned Court below on each and every date, failing whichon two consecutive dates without reasonable cause, the bail bond ofthe petitioner is liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J)