Sadanand Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19300 of 2023 Arising Out of PS. Case No.-436 Year-2022 Thana- SAUR BAZAR District- Saharsa ====================================================== Sadanand Yadav Son Of Pradeep Yadav Resident Of Village - Kisanpur, Ward No.- 09, P.S.- Sour Bazar, District - Saharsa. ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Satish Kumar Singh For the Opposite Party/s :
Mr.Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-05-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Section 304 of the Indian Penal Code. The allegation against the petitioner is that he pushed the father of informant, namely, Garib Yadav due to which he fell down and died.
It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. From perusal of the postmortem report, it appears that deceased aged about 70 years and there is no external or internal injury has been
Patna High Court CR. MISC. No.19300 of 2023(2) dt.18-05-2023 2/2 found over the body of the deceased. It is further submitted that there is no intentional pushing and no dangerous weapon used in the alleged offence. Moreover, the petitioner is languishing in judicial custody since 26.08.2022. Learned APP appearing for the State has vehemently opposed the prayer for Bail.
Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Sour Bazar P.S. Case No. 436 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, Saharsa.
(Sunil Kumar Panwar, J) Nirajkrs/- U T