Sakendra Yadav @ Sakindar Yadav @ Sakindra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19174 of 2024 Arising Out of PS. Case No.-162 Year-2019 Thana- KHAIRA District- Jamui ====================================================== Sakendra Yadav @ Sakindar Yadav @ Sakindra Yadav S/O Shankar Yadav R/O Village- Chaukitar, P.S- Khaira, Distt.- Jamui. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Mala Sinha For the Opposite Party/s :

Mr.Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 341, 323, 307, 153A/34 of the Indian Penal Code and later on added Section 302 of the IPC after the death of informant of this case.

3. The allegation against the petitioner along with others is of brutally assaulting the informant, when he was going to his sister house. It is further alleged that during treatment the informant died.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. There is general and omnibus allegation against the petitioner and no specific overt act of assaulting

Patna High Court CR. MISC. No.19174 of 2024(3) dt.15-05-2024 2/2 against him. During investigation, no independent witness has come forward to support the prosecution case. From the perusal of the Postmortem report, the doctor has not stated the cause of death and the FSL report shows no metallic, Alkaloidal, Glycosidal, Pesticidal and Volatile poison could be detected in the dark brown fluid. Similarly situated other accused person has already been enlarged on bail by this Court vide order dated 22.6.2023 passed in Cr. Misc. No. 56972 of 2021. He is languishing in judicial custody since 09.01.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-II, Jamui in connection with Khaira P.S. Case No. 162 of 2019.

(Sunil Kumar Panwar, J) sushma/- U