Munna Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22562 of 2019 Arising Out of PS. Case No.-514 Year-2018 Thana- SIWAN MUFFASIL District- Siwan ====================================================== MUNNA YADAV, Son of Rama Shankar Yadav @ Rama Shankar Chaudhari Resident of Village - Salempur, P.S.- Mufasil (Dhanauti), District - Siwan ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anil Chandra For the Opposite Party/s :
Mr.Pancha Nand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 02-08-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Muffasil (Dhanauti) P.S. Case no. 514 of 2018, registered under Section 302, 328 and 120(B)/34 of the Indian Penal Code.
The accusation is that Ram Kripal Choudhary, cousin of the informant, in routine manner, went to his furniture shop sitauted at Bharti more on 08.08.2018. In the evening at 4.00 P.M. informant received informant on mobile to the effect that his cousin Ram Kripal Choudahry is ill and he was rushed for treatment at Siwan. Thereafter, informant reached there and made inquiry then he came to know that Munna Yadav (Petitioner), Akbar Mian, Atish Ram and Sonu
Patna High Court CR. MISC. No.22562 of 2019(5) dt.02-08-2019 2/3 Kumar had accompanied his cousin at Rampur market, where Subhash Pandit met him and he offered some drink and after taking the said drink his health started deteriorated, thereafter, he was brought to his furniture shop. Thereafter, local people brought his cousin to Sadar Hospital for treatment, where Doctor declared him dead.
Learned counsel for the petitioner submits that it would appear from the F.I.R. and case diary that poisonous material was served by Subhash Pandit to the deceased and in Postmortem report no any external injury was found, while in chemical examination of the viscera of the deceased Ramkripal Choudhary Carbofuran along with Ethyl Alcohol was detected in dark brown colour fluid. Carbofuran is one of the most toxic carbamate pesticide which is commonly used in agriculture for killing pests. Further submission is that petitioner has no criminal antecedent.
Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate,
Patna High Court CR. MISC. No.22562 of 2019(5) dt.02-08-2019 3/3 Siwan in connection with Muffasil (Dhanauti) P.S. Case No. 514 of 2018, subject to the condition as laid down under Section 438
(2) of the Cr.P.C.
(Rajendra Kumar Mishra, J) manish/- U T