Dinesh Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.17404 of 2015 (03) dt.23-06-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17404 of 2015 Arising Out of PS.Case No. -248 Year- 2014 Thana -KHIJARSARAI District- GAYA ====================================================== Dinesh Yadav .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manish Kumar No-2-Advocate For the Opposite Party/s : Mr. S. D. Singh Yadav (A.P.P.) ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 23-06-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor assisted by learned counsel for the informant.

Deceased, Pintu Kumar, who happens to be uncle of informant Mirtunjay Kumar came running on 10.12.2014 at 8.00 a.m. and disclosed that four persons, who have had concealed their face, assaulted him and then, had administered poisonous substance. At that very moment, deceased vomited. Deceased was taken to local hospital and from there, to P.M.C.H. where he died and accordingly, F.I.R. has been registered against unknown. Chargesheet has already been submitted against the petitioner. However, from perusal of the case diary, it is apparent that none happens to be an eye witness to occurrence. Presence of petitioner has been perceived in the background of having digested

Patna High Court Cr.Misc. No.17404 of 2015 (03) dt.23-06-2015 Rs.50,000/- belonging to the deceased, who was a Teacher in a Government School along with Ashutosh. Furthermore, it has also been stated by the witnesses that Ashutosh's wife Kiran happens to be a Teacher in the same school and there happens to be some sort of grievances on account of payment of commission during course of construction of school building. It has also been disclosed by the witnesses that petitioner happens to be Samdhi of Uday, who was on strained relationship with his brother Pankaj and for that, Uday had suspected hands of deceased. So, the witnesses including the informant as is evident from Paragraphs-8 and 18 along with other paragraphs of the case diary merely suspected his active involvement.

Thus, petitioner, Dinesh Yadav is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Miss Akanksha Kashyap, Judicial Magistrate, 1st Class, Gaya in connection with Khizar Sarai P. S. Case no.248 of 2014.

(Aditya Kumar Trivedi, J) Vikash/- U T