Raj Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3804 of 2022 Arising Out of PS. Case No.-324 Year-2019 Thana- MAKHDUMPUR District- Jehanabad ====================================================== Raj Kumar Yadav, S/o Lalite Yadav, Resident of Village-Chhajjopur, P.S.- Makhdumpur, District-Jehanabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amrendra Kumar Singh, Advocate For the Opposite Party/s :

Mr.Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 02-11-2022 Heard learned counsel for the petitioner and learned APP for the State.

Let the defect (s), as pointed out by the office, be removed within a period of four weeks.

In the present case, the petitioner seeks bail in connection with Makhdumpur P.S. Case No. 324 of 2019 registered for the alleged offences under Sections 328, 302 and 34 of the Indian Penal Code.

As per prosecution case, the petitioner and other coaccused persons took away the father of the informant with them and thereafter left his body in-front of the house of the informant who found froth was coming out of his mouth. The informant showed his suspicion that the petitioner and other coaccused persons administered poison to his father and threw the

Patna High Court CR. MISC. No.3804 of 2022(3) dt.02-11-2022 2/3 dead body at the doors of the informant.

The learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. No occurrence as alleged has ever taken place. There is no eye-witness to the alleged occurrence and the petitioner has been falsely implicated in this case. Allegation against him is general and vague. In fact, the informant quarreled with his father who went to market and bought poison and consumed the same and died as a result thereof. Due to old enmity, the informant falsely implicated the petitioner. The petitioner is in custody since 09.06.2021 and charge-sheet has been submitted in this case. The petitioner is having clean antecedent. Learned APP opposes the prayer for bail submitting that the informant has made specific allegation against the petitioner and other co-accused persons and the same has been supported by the witnesses in paragraphs 5, 6, 7, 8, 9 and 10 of the case diary. The examination of viscera also shows presence of a poisonous substance 'Celphos'.

Perused the records.

Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the improbability of conduct of the petitioner and absence of

Patna High Court CR. MISC. No.3804 of 2022(3) dt.02-11-2022 3/3 substantive material on record to connect the petitioner with the alleged occurrence and also considering the clean antecedent of the petitioner along with his period of custody and submission of charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Jehanabad in connection with Makhdumpur P.S. Case No. 324 of 2019, subject to the conditions mentioned in Section 437(3) of the Code of Criminal Procedure and also the following conditions :

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) balmukund/- U T