Shiv Nandan Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12693 of 2025 Arising Out of PS. Case No.-158 Year-2024 Thana- Lakho District- Begusarai ====================================================== Shiv Nandan Yadav S/O Late Ramotar Yadav R/O Village- Ayodhyabari, P.SLakho, Distt.- Begusarai. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rakesh Kumar, Advocate For the Opposite Party/s :
Mr. Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 14-05-2025 Heard learned counsel for the petitioner, learned APP for the State and perused the case diary.
2. The petitioner seeks bail in connection with Lakho P.S. Case No. 158 of 2024, instituted for the offences punishable under Sections 103(1), 238(a), 61(2)(a) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that, the petitioner along with other co-accused persons poisoned informant's children due to which on the next day they were declared dead. It is further alleged that the accused persons threw the dead body in a pond.
Patna High Court CR. MISC. No.12693 of 2025(3) dt.14-05-2025 2/3
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that the petitioner is father-in-law of the informant and husband of the informant is in judicial custody. The allegation levelled against the petitioner is general and omnibus in nature. No specific allegation has been attributed against the petitioner. It is further submitted that as per postmortem report of both the deceased, it appears that the cause of death is asphyxia as a result of drowning. The petitioner is in custody since 18.10.2024 and has got no criminal antecedent.
5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court
Patna High Court CR. MISC. No.12693 of 2025(3) dt.14-05-2025 3/3 below/concerned Court in connection with Lakho P.S. Case No. 158 of 2024.
(Rudra Prakash Mishra, J) Rajorshi/- U T