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Patna High CourtCR. MISC./16363/2024bail granted

Jaswant Yadav @ Jaswant Singh v. The State Of Bihar

2024-03-15Mr. Justice Ramesh Chand Malviya3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16363 of 2024 Arising Out of PS. Case No.-122 Year-2023 Thana- AGIAON District- Bhojpur ====================================================== Jaswant Yadav @ Jaswant Singh, aged about 39 years, Male Son of Hardeep Yadav, Resident of Village-Lasadhi, P.S.-Agiaon (Garhani), District-Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Saket Tiwary, Advocate For the Opposite Party/s :

Mr. Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 15-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Agiaon (Garhani) PS Case No. 122 of 2023 instituted for the offences punishable under Sections 302, 201/34 of the Indian Penal Code.

3. As per the prosecution case, it is case of murder of the sister of the informant by the accused persons.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has falsely been implicated in this case. There is no any specific allegation against the petitioner. Petitioner is the elder brother

Patna High Court CR. MISC. No.16363 of 2024(2) dt.15-03-2024 2/3 of the husband of the deceased and he has no concern with the married life of the informant's sister. Petitioner was not present at the place of occurrence and there is no any eye witness of the alleged occurrence. Petitioner has got no criminal antecedent as stated in para 3 of the petition and is in custody since 06.01.2024.

5. Learned APP opposes the prayer for bail.

6. From perusal of the FIR, seizure list and the impugned order of the learned Sessions Judge, Bhojpur at Ara dated 01.12.2024, it appears that petitioner is named in the FIR and on the basis of written report of the informant Manju Devi (sister of deceased) registered the case under Sections 302 and 201/34 of the Indian Penal Code against six accused persons including this petitioner. From perusal of the FIR, it appears that no any specific allegation levelled against this petitioner and there is no any eye witness of the alleged occurrence. From perusal of the compromise petition, both parties have compromised this case before the learned Magistrate, accordingly the prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-

Patna High Court CR. MISC. No.16363 of 2024(2) dt.15-03-2024 3/3 1st, Bhojpur at Ara in connection with Agioan (Garhani) PS Case No. 122 of 2023.

(Ramesh Chand Malviya, J) Anand Kr.

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