Nand Kishore Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8640 of 2024 Arising Out of PS. Case No.-293 Year-2023 Thana- SONO District- Jamui ====================================================== NAND KISHORE YADAV S/O- LATE GANAURI YADAV R/OVILLAGE- BHELWA MOHANPUR, P.S.- SONO, DIST.- JAMUI. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Vinod Shanker Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 09-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Sono P.S. Case No 293 of 2023 instituted for the offences punishable under Sections 302/34 Indian Penal Code.

3. As per the prosecution case, the allegation against the petitioner is that on the alleged date of occurrence at about 2 A.M. in the night he has slitted the throat of the informant's husband Chandrika Yadav due to which he succumbed to his injuries.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. He has no concern with the

Patna High Court CR. MISC. No.8640 of 2024(3) dt.09-04-2024 2/3 alleged occurrence. The petitioner has got not criminal antecedent and he is languishing in judicial custody since 24.08.2023.

5. Learned APP for the State has vehemently opposed the prayer for bail.

6. From perusal of the F.I.R., impugned order dated 08.12.2023, case diary along with postmortem report, it appears that on the basis of written report of informant F.I.R. registered for the offence under Sections 302/34 of the I.P.C. against the petitioner upon whom there is specific allegation that on the alleged date of occurrence he has slitted the throat of the deceased Chandrika Yadav due to which he died. As per F.I.R., in injured condition the deceased had told the informant that petitioner was the person who slitting his throat and ran away. The informant has also seen the petitioner running away from her house. The postmortem report corroborates the prosecution case from perusal of which, it appears that cause of death has been assigned to shock due to haemorrhage caused by sharp cutting weapon. During investigation, other witnesses of this case have also supported the prosecution case.

7. Considering the facts and circumstances of the case, submissions of learned counsel for the parties and serious

Patna High Court CR. MISC. No.8640 of 2024(3) dt.09-04-2024 3/3 nature of allegation, I am not inclined to grant bail to the petitioner.

8. Prayer for regular bail of the petitioner is hereby rejected.

(Ramesh Chand Malviya, J) lata/- U T