Chhoteylal Yadav @ Chhotey Lal Prasad Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23120 of 2023 Arising Out of PS. Case No.-628 Year-2022 Thana- RAJAOLI District- Nawada ====================================================== Chhoteylal Yadav @ Chhotey Lal Prasad Yadav Son Of Late Ganauri Yadav Resident Of Village-Mohalla-Bahadurpur, Police Station-Rajauli, DistrictNawada ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. NK Agrawal, Senior Advocate Mr.Vibhuti Ranjan Sonvadra, Advocate For the State :
Mr.Prem Kumar Jha, Addl Public Prosecutor for the informant Mr. AK Bhardwaj, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-07-2023 Heard learned counsel for the petitioner, the State and the informant.
The petitioner apprehends arrest in a case registered for the offence punishable under sections 307/302 and other allied sections of the Indian Penal Code and section 27 of the Arms Act.
As per the prosecution case, all the FIR named accused persons including the petitioner caught informant's brother and thrashed him on the ground. Thereafter, petitioner and co-accused Pradeep Kumar rode over the body and pressed the neck of the victim and co-accused Naresh Prasad Yadav inserted iron rod in the head of the informant's brother causing his death on the spot.
Patna High Court CR. MISC. No.23120 of 2023(3) dt.03-07-2023 2/2 Learned counsel appearing for the petitioner submits that due to long standing dispute, petitioner has falsely been implicated in this case. Besides this, petitioner is only alleged to have pressed the neck of victim and he is not the author of the injury causing death of the victim. Post mortem report also reveals that deceased had sustained only one injury in the head. Considering the aforesaid facts of the case, prayer for bail of the petitioner is allowed. In the event of arrest/surrender within six weeks from today, let the petitioner, mentioned 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 Additional Chief Judicial Magistrate I, Nawada in Rajauli Police Station Case No. 628 of 2022, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) shashi/- U T