Vinod Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4151 of 2019 Arising Out of PS. Case No.-333 Year-2018 Thana- GHOSI District- Jehanabad ====================================================== Vinod Yadav, Son of Late Chaneshwar Yadav, Resident of Village- Ratan Bigha, P.S. Ghosi, District-Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shakti Suman Kumar For the Opposite Party/s :

Mr. Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 28-01-2019 Heard leaned counsels for the petitioner, informant and the State.

The petitioner is languishing in custody since 29.08.2018 in a case registered for the offences punishable under Sections 302 and 34 of the Indian Penal Code. The prosecution case as per the fardbeyan of Rinku Devi, recorded by S.K. Rahul, S.I.-cum-S.H.O., Okari O.P. at 26.08.2018 on 07.30 A.M. is to the effect that on 25.08.2018, when the informant was at her parents home at village Dhangawa, she received an informant that his Mother-in-law has been killed and her dead body has been thrown on the pitch

Patna High Court Cr.Misc. No.4151 of 2019(2) dt.28-01-2019 2/3 road. The Mother-in-law of the informant, Rajmuni Devi used to live with her two minor daughters and the father-in-law, Yogendra Yadav and the husband of the informant, Pramod Yadav used to work in Chennai. It is further alleged that the mother-in-law of the informant was returning from Jehanabad to her village, on the way, all seven FIR named accused persons including the petitioner killed her.

It is submitted by learned counsel from the petitioner that there is no eye witness to the said occurrence and only on the basis of suspicion, the accusation has been levelled against the petitioner. It is further submitted that there was some enmity with regard to land dispute between the parties. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent.

Learned counsel for the informant submits that the petitioner was found near the place of occurrence just prior to the occurrence, hence circumstantial nature of accusation has been levelled against the petitioner.

Considering the circumstantial suspicious nature of accusation against the petitioner, coupled with the statement made in paragraph no. 3 of the petition that the petitioner is not having any criminal

Patna High Court Cr.Misc. No.4151 of 2019(2) dt.28-01-2019 3/3 antecedent, let the above named petitioner 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 learned A.C.J.M.-I, Jehanabad in connection with Ghosi (Okari O.P) P.S. Case No. 333 of 2018.

(Dinesh Kumar Singh, J) Deepak/Rahul/- U T