Jaldhar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19331 of 2023 Arising Out of PS. Case No.-1012 Year-2021 Thana- BANKA District- Banka ====================================================== JALDHAR YADAV S/O- Parmeshwar Yadav, Resident Of Village -Bishhara, P.S.- Banka, District- Banka ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Subhash Kumar Jha, Adv.
For the Opposite Party/s :
Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 02-08-2023
1. Heard learned counsel for the petitioner and learned APP for the State.
2. Petitioner seeks regular bail in connection with Banka P.S. Case No. 1012 of 2021 dated 23.12.2021 registered for the offence(s) punishable under Section(s) 341, 323, 504, 506, 379 and 307 read with Section 34 of the Indian Penal Code and later on Section 304 of the Indian Penal Code was added.
3. The main submissions advanced by petitioner's counsel are that the informant is not the eye-witness of the alleged occurrence, the allegation levelled in the FIR are totally false, in fact the deceased was in intoxicated condition who met with a motor accident, owing to which he died and during investigation most of the witnesses supported the said defence and victim's own daughter stated that she named the accused persons in the FIR, merely on the basis of suspicion and similarly situated co-accused
Patna High Court CR. MISC. No.19331 of 2023(3) dt.02-08-2023 2/2 Kisto Yadav @ Anuranjan Yadav has been granted bail by a coordinate Bench of this Court vide order passed in Cr. Misc. No.32343 of 2023. Further submissions are that against the petitioner there is criminal antecedent of one case and he has been languishing in jail since 06.12.2022 and against him, the investigation has been completed.
4. Learned APP appearing for the State has opposed the prayer for bail.
5. Considering the above submissions and mainly completion of investigation against this petitioner and also the privilege of bail having been granted to above-mentioned similarly situated co-accused person by a co-ordinate Bench of this Court and also taking into account his custody period, this Court is inclined to accept the petitioner's prayer for bail. Accordingly, let the petitioner named-above be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Banka P.S. Case No. 1012 of 2021. (Shailendra Singh, J.) Maynaz/- U T